Ringo Starr and Buck Owens told us all we have to do is
"Act Naturally." For marketers of food products
that seemingly simple admonition remains a challenge, as a recent
decision involving "All Natural" claims made by Frito-Lay
illustrates. For those new to the blog, you may want to take
a look at
prior posts
involving
natural claims.
Frito Lay marketed its chip and dip products as made with All
Natural ingredients using images like the following on product
labels:
Plaintiffs sued Frito-Lay claiming that the All Natural claims
were false because the Frito Lay products all contained genetically
modified corn or products derived therefrom. Plaintiffs
brought putative class actions alleging violations of the Magnuson
Moss Act, the consumer protection and warranty statutes of Florida,
New York and California, and under state common law for intentional
misrepresentation. Multiple cases were consolidated in the
Eastern District of New York before Judge
