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Nestle to Face Trial in Class Action Lawsuit Over GMO Label

10/03/2019

Consistent with the third party verification that a range of Nestle products do not contain ingredients classified as GMO by independent certifier company SGS, Nestle is to face trial in California. The plaintiff purchased various Nestle products including Buitoni, Coffee-Mate and Lean Cuisine brands, all labeled as containing “no GMO ingredients”. The plaintiff contends that these products did in fact contain bioengineered ingredients and suffered “injury in fact” through paying a higher price for the claimed attribute.

In their defense, Nestle claimed that the label description confirming an absence of GMO ingredients is in compliance with both FDA and USDA regulations aimed at facilitating decisions by consumers.

Food manufacturers will watch with interest developments in a Federal court in California since the outcome will have implications for labeling. If the plaintiff prevails, food manufacturers will have to reevaluate labels and the definition of GM. To some extent, Nestle might well be culpable since by claiming “GMO-free” they overtly demonized all other ingredients and food products which may contain GM ingredients.

Despite the alacrity in initiating class-action lawsuits by the avaricious tort bar, especially in California, the reality is that there are no deleterious effects from consuming foods containing GM ingredients.