Cafe Society

Year in review: Lawsuit could make "natural" baked cheddar Goldfish an endangered species

On November 6, Coloradans overwhelmingly approved Amendment 64, prompting Governor John Hickenlooper to note that the feds still consider pot illegal, so the state's residents shouldn't "break out the Cheetos or Goldfish" yet. But that same day, an Aspen resident took aim at Goldfish, filing a suit that could make the snack cracker an endangered species.

On November 6, Sonya Bolerjack filed a class-action complaint against Pepperidge Farm, Inc., in United States District Court, District of Colorado, charging that its Cheddar Goldfish Baked Snack Crackers are not "natural," as advertised on the package. See also: - John Hickenlooper cites Cheetos, Goldfish when Amendment 64 passes: Official state munchies? -John Hickenlooper poses with Cheetos, Goldfish and marijuana center owner

Here's the start of that suit:

1. Defendant has made false, misleading statements that are likely to deceive reasonable consumers. Defendant has mistakenly or misleadingly represented that its Cheddar Goldfish crackers (the "Product") are "Natural," when, in fact, they are not, because they contain Genetically Modified Organisms (GMOs) in the form of soy and/or soy derivatives.

2. Defendant's "Natural" statement prominently displayed on the Product's packaging and/or labeling is false, misleading, and likely to deceive reasonable consumers, such as Plaintiff and members of the Class, because the Product is not "Natural," due to the presence of soybean oil in the Product.

3. GMOs are plants that grow from seeds in which DNA splicing has been used to place genes from another source into a plant. Contrary to Defendants' express or implied representations, the Product uses plants or plant derivatives grown or created from GMOs.

There's more, of course, but it all adds up to the fact that Bolerjack believes she, and any other plaintiffs who sign on to this action, deserve $5 million in compensation from Pepperidge Farm.

This case could present a major obstacle to our campaign to have Cheetos and Goldfish named the official State Snacks, joining a noble lineup that already includes the State Fossil, the State Tartan and the State Dance (square).

Read the complete lawsuit filing here.


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Contact: Patricia Calhoun