Goldfish Crackers Class Action Lawsuit

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Goldfish Crackers Class Action Lawsuit

By Kimberly Mirando

A Colorado resident has filed a $5 million class action lawsuit against Pepperidge Farm, Inc. alleging the company misleads consumers by labeling its Cheddar Goldfish crackers as “natural,” even though they contain genetically modified soybean oil.

Plaintiff Sonya Bolerjack alleges in the Goldfish crackers class action lawsuit that Pepperidge Farm (owned by Campbell Soup) “mistakenly or misleadingly represented that its Cheddar Goldfish crackers are ‘Natural’ when in fact, they are not, because they contain genetically modified organisms (GMOs) in the form of soy and/or soy derivatives.”

“Genetically modified soy products contain genes and/or DNA that would not normally be in them, and thus are not natural,” the class action lawsuit continues.

Bolerjack says she never would have bought the crackers if she knew they contained genetically modified organisms (GMOs), and that she and other consumers were economically harmed as a result of purchasing the deceptively advertised products.

Bolerjack is seeking $5 million in damages, claiming she “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 she reasonably intended to receive when purchasing the Product.”

Bolerjack is seeking to represent a proposed class of all consumers nationwide that purchased Cheddar Goldfish crackers since November 2008. She is seeking restitution, disgorgement, actual damages and more for alleged violation of Colorado’s Consumer Protection Act, breach of express warranty and negligent misrepresentation.

The Pepperidge Farm Goldfish Crackers Class Action Lawsuit case is Bolerjack v. Pepperidge Farm, Inc., Case No. 12-cv-2918, U.S. District Court, Colorado (Denver).

Updated November 14th, 2012

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