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The U.S. Cloister of Appeals for the Eleventh Circuit affirmed arbitrary acumen in favor of Chipotle Mexican Barbecue in a apocryphal announcement action, captivation that the plaintiff bootless to authenticate an absolute abrasion based on the civic chain’s affirmation that “all of our aliment is non-GMO.”

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In 2015, Chipotle appear that it confused to the use of capacity with alone non-genetically adapted bacilli (GMOs). Menu panels and window clings proclaimed “Farewell to GMOs” and “All of our aliment is non-GMO.” Leslie Reilly—who began bistro at the civic fast aliment alternation in 2010—noticed the signs and was “pleasantly surprised.”

But she additionally believed that animals that eat augment from GMOs cannot aftermath non-GMO meat or products, and that Chipotle affianced in apocryphal announcement because the acerb cream, cheese and meat acclimated by the aggregation are sourced from farms area the animals eat GMO feed. Her accepted chic activity declared violations of the Florida Deceptive Practices Act.

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A Florida federal cloister denied the defendant’s motion to dismiss. Chipotle again confused for arbitrary judgment, arguing that Reilly could not accommodated her accountability beneath the accompaniment statute because she had not accurate absolute damages.

The commune cloister accepted the motion, and the federal appellate console affirmed. “Reilly suffered no absolute loss,” the cloister wrote. “Her coffer annal and affidavit accustomed that she paid the identical bulk for her burrito afore and afterwards Chipotle began its announcement and that she paid ‘about the aforementioned [price] … or maybe $1.00 more’ for a commensurable meal at addition Mexican grill.”

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Declining to accede whether Reilly was bamboozled by the defendant’s advertising, the console captivated that because affidavit of absolute amercement was all-important to sustain her affirmation and she could not authorize she had been damaged by the advertising, Chipotle was advantaged to arbitrary judgment.

To apprehend the announcement in Reilly v. Chipotle Mexican Grill, Inc., bang here.

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Why it matters: The Eleventh Circuit banned to alike accede whether Reilly was bamboozled by Chipotle’s “non-GMO” claims because she could not amuse one of the elements of her accompaniment law claim. The actuality that she paid the aforementioned bulk for the defendant’s articles afore and afterwards the announcement attack larboard her clumsy to authorize absolute damages, the cloister said.



 

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