Sep 02, 2015 10:30 AM EDT
Chipotle's GMO Free Campaign: Restaurant Sued Over False GMO-Free Claims

Chipotle is facing a lawsuit over false claims after it declared that the company will no longer offer genetically modified food on its menu in April, according to Fox Business.

Colleen Gallagher of Piedmont, CA, from San Francisco filed a lawsuit against the burrito giant. The lawsuit contends that Chipotle's campaign is "false and misleading to customers" and their food has never been GMO- free.

The complainant further added that Chipotle's meat are animals that were fed GMO's. As well as their soft drinks and sour cream and cheese ingredients are not GMO free because they are made from products with GMO.

Chris Arnold, Communications Director told FOXBusiness, "This lawsuit is meritless, and the complaint against Chipotle is filled with inaccuracies. We have always been honest and transparent with our customers, and the messaging surrounding our use of non-GMO ingredients is no exception."

"We have always been clear that our soft drinks contained GMO ingredients, and that the animals from which our meat comes consume GMO feed. But, that does not mean that our meat is GMO, any more than people would be genetically modified if they eat GMO foods,"

Kaplan Fox & Kilsheimer filed the lawsuit on behalf of all customers who have consumed Chipotle after they announced "Farewell to GMOs" in April 27, 2015. They also accused the company's marketing and advertising campaign as deceptive and misleading.

However, Chipotle said they didn't release any television advertisement that involves GMO.

In a released sent to FoxBusiness, the plaintiffs wrote, "We stand by the allegations of the complaint that Chipotle's advertising with respect to GMO's was false and misleading. As alleged in the complaint Chipotle's advertising is clearly calculated to lead the consumer to believe that all of the menu items they are purchasing are GMO free when they not. We look forward to addressing these matters in court."

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