A California federal judge has dismissed a proposed class action suit against Chipotle over alleged false advertising relating to claims that its menu is “GMO free.” While the judge granted leave for the plaintiff to re-file, the plaintiff would need to establish standing by alleging she suffered economic loss and that she would go back to Chipotle in order to have standing. If the plaintiff did not allege her willingness to return to Chipotle, it would undermine her claim for standing as any changes made by Chipotle would not be to her benefit.

While the court dismissed the plaintiff’s claim without prejudice, the court was skeptical of the underlying claims, noting the plaintiff seemingly intermixed the terms “organic” and “non-GMO.” The court further noted that the “plaintiff contends that the reasonable consumer would interpret ‘non-GMO ingredients’ to mean meat and dairy ingredients produced from animals that never consumed any genetically modified substances. The court questions whether the complaint, as currently pled, plausibly supports such an interpretation.”