A Colorado resident has filed a lawsuit on behalf of a putative nationwide class against Pepperidge Farm, Inc., alleging that the company misleads consumers by labeling its Cheddar Goldfish crackers “natural,” because they contain genetically modified organisms (GMOs) “in the form of soy and/or soy derivatives.” Bolerjack v. Pepperidge Farm, Inc., No. 12-2918 (U.S. Dist. Ct., D. Colo., filed November 6, 2012).
Claiming damages in excess of $5 million, the plaintiff claims that she “purchased the Product believing it to be ‘Natural’ because he [sic] read and relied on Pepperidge Farm’s material statement that the Product is ‘Natural,’ prominently displayed on the Product’s front labeling/packaging. Plaintiff has been damaged by her purchase of the Product because the labeling and advertising for the Product was and is false and/or misleading under Colorado law; therefore, the Product is worth less than what Plaintiff paid for it and/ or Plaintiff did not receive what he [sic] reasonably intended to receive when purchasing the Product.”
Seeking to represent a nationwide class of consumers who purchased the product since November 2008, the plaintiff alleges violation of Colorado’s Consumer Protection Act, breach of express warranty and negligent misrepresentation. She seeks equitable relief, restitution, disgorgement, actual damages, attorney’s fees, costs, and interest.