Consumer alleges Nestle USA uses deceptive practices with 'No GMO' seals

By Bree Gonzales | Aug 10, 2018

LOS ANGELES (Legal Newsline) – A California consumer alleges Nestle USA's No GMO Ingredients seal is misleading as it leads consumers to believe its products have been evaluated by a third party.

Jennifer Latiff filed a complaint on behalf of herself and all others similarly situated on July 27 in the U.S. District Court for the Central District of California, Western Division against Nestle USA Inc. citing California's False Advertising Law and others.

According to the complaint, the plaintiff alleges she purchased defendant's Lean Cuisine Marketplace frozen dinners and Coffee-Mate Natural Bliss creamer in the belief of the "No GMO Ingredients" seal on the products' labels. 

"Based upon counsel’s investigation, the truth is that the No GMO Ingredient seal of approval is not the product of a neutral, third party, but instead the work of defendant itself," the suit states. "No GMO Ingredients is not a designation bestowed by a nonprofit group, or even a neutral third party, but instead is the creation of defendant. In other words, the No GMO Ingredients seal of approval is nothing more than defendant touting its own products."  

The plaintiff holds Nestle USA Inc. responsible because the defendant's No GMO Ingredients seal is false, deceptive and misleads consumers into believing the products have been validated by an independent, third-party organization when they have not.

The plaintiff requests a trial by jury and seeks restitution and disgorgement, declaratory and injunctive relief, compensatory damages, punitive damages, interest at the legal rate on the foregoing sums, attorneys’ fees and costs of suit. She is represented by Daniel L. Warshaw and Bobby Pouya of Pearson, Simon & Warshaw LLP in Sherman Oaks, California and Michael R. Reese and George V. Granade of Reese LLP in New York, New York.

U.S. District Court for the Central District of California, Western Division case number 2:18-cv-06503-ODW-JPR

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Pearson, Simon & Warshaw LLP Reese LLP U.S. District Court for the Central District of California

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