Rankins et al. v. Old Lyme Gourmet Co. (d/b/a Deep River Snacks)

Case Background

On April 9, 2020, Plaintiff Jewel Rankin and Darren Wong filed a Class action and Product Liability lawsuit over non-GMO labeling in the United States District Court, Eastern District of New York (Case number: 1:20cv1756). This case was assigned to Judge Eric N. Vitaliano and referred to Magistrate Judge Taryn A. Merkl.

Cause

Jewel Rankins and Darren Wong filed a detailed class action lawsuit against Old Lyme Gourmet Company, doing business as Deep River Snacks, alleging deceptive advertising practices. Rankins purchased the Aged Cheddar Horseradish product in 2018 from a Stop and Shop in Brooklyn, New York, while Wong bought the Cheddar Horseradish and Sour Cream and Onion products between October 2019 and March 2020 in San Francisco, California. Both Plaintiffs relied on a "Non-GMO Ingredients" seal prominently displayed on the product packaging, believing it signified independent verification that the products were free from genetically modified organisms (GMOs). However, the seal was not issued by an independent third-party certifier; instead, it was created by the Defendant. The Defendant designed the seal to closely mimic reputable certifications like the Non-GMO Project seal, misleading consumers into thinking the products met established non-GMO standards. This deceptive advertising practice capitalized on growing consumer demand for GMO-free products, allowing Old Lyme to charge a premium price.