Dive Summary:
- U.S. District Judge Roslynn R. Mauskopf ruled that a deceptive labeling suit over Frito-Lay's use of the phrase "all natural" can proceed.
- Mauskopf dismissed claims filed specifically against Frito-Lay parent PepsiCo; Pepsi and Frito-Lay previously asked that the lawsuit be dismissed or delayed until the U.S. Food and Drug Administration makes its decision on whether bioengineered ingredients can carry "natural" labeling.
- The Frito-Lay lawsuit may end up representing plaintiffs in more than three states; PepsiCo recently settled another class-action lawsuit for $9 million over "natural" labeling on its Naked Juice products, which plaintiffs also alleged contained genetically-modified ingredients.
From the article:
... “Plaintiffs all purchased certain Tostitos, SunChips and Bean Dip products,” Mauskopf wrote in her ruling. “They were injured as a result of those purchases because they paid higher prices than they would have otherwise paid, or not paid at all, for a product that they contend is not, in fact, all natural.” ...