Carol Ostrow Sep. 18, 2015, 12:49pm


A Florida woman is suing Chipotle, alleging misrepresentation and unfair trade practices in product purchases made in 2011 and thereafter.

Leslie Reilly filed a lawsuit Sept. 11, individually and on behalf of a putative class, against Chipotle Mexican Grill Inc., in U.S. District Court Southern District of Florida, alleging violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) from Sept. 10, 2011, to the present.

According to the suit, Chipotle maintains its products are “GMO-free”, but actually are sold, promoted and marketed foods that contain genetically modified ingredients.

The lawsuit states because the marketed items were not actually GMO-free, consumers paid a premium price in the belief they were receiving products with the advertised attributes. Reilly charges the defendant with unjust enrichment.

The plaintiff seeks injunctive action, compensation for damages equal to the amount each class member paid Chipotle and for which Chipotle has been unjustly enriched, and such other relief as the court deems proper, along with attorney fees, expenses and costs. She is represented by attorneys Lance Harke, Sarah Clasby Engel, Howard Bushman of Harke Clasby & Bushman in Miami Shores, Fla.

U.S. District Court Southern District of Florida case number 1:15-cv-23425-MGC.

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