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ARTICLE · 16 OCTOBER 2017

Food For Thought: Summary Judgment Affirmed In False ‘GMO' Advertising Class Action Against Chipotle

Carlton Fields
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The district court initially granted in part and denied in part defendant's motion to dismiss.

United StatesConsumer Protection
Angela T. Puentes-Leon
Angela T. Puentes-Leon

Reilly v. Chipotle Mexican Grill, Inc., No. 16-17361 (11th Cir. 2017)



The Eleventh Circuit Court of Appeals affirmed the district court's summary judgment in favor of defendant, Chipotle Mexican Grill, Inc. Plaintiff Leslie Reilly sued defendant on behalf of herself and other Floridians, based on alleged violations of Florida's Deceptive and Unfair Trade Practice Act (FDUTPA) and allegations of unjust enrichment. Specifically, plaintiff alleged that Chipotle falsely advertised that it had eliminated genetically modified (GMO) ingredients from its menu, despite using meat from animals that were given GMO feed and dairy products from farms that give their animals GMO feed. Plaintiff further alleged consumers paid a premium for products that were not non-GMO.

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