Chosen Foods Avocado Oil Lawsuit: Is the Non-GMO Label Misleading?

Case Overview: Chosen Foods faces a lawsuit claiming its non-GMO avocado oil label is misleading, as all avocado oil is naturally non-GMO.

Consumers Affected: Consumers nationwide who purchased Chosen Foods avocado oil based on the non-GMO label.

Court: U.S. District Court for the Southern District of California

A lawsuit claims Chosen Foods falsely markets its avocado oil as non-GMO, misleading consumers into believing they are paying for a unique product. The complaint argues that no genetically modified avocado oil exists on the market, making the label meaningless.

Lawsuit Claims Non-GMO Labeling Misleads Shoppers

Chosen Foods prominently advertises its avocado oil with a non-GMO label, suggesting it offers something competitors do not. The lawsuit, filed by Summer Whiteside, argues that this marketing tactic tricks customers into believing the product is superior to other brands when, in reality, all avocado oil is free from genetic modification.

Consumers often associate non-GMO labels with health and environmental benefits. The lawsuit claims Chosen Foods leveraged these assumptions to sell products at a higher price, even though the non-GMO label does not provide any actual distinction.

“Defendant’s non-GMO claims are misleading because all avocado oil products are non-GMO—no genetically modified version of avocado oil is present on the market today,” the complaint states.

Greenwashing Allegations Target Avocado Oil Marketing

The lawsuit accuses Chosen Foods of greenwashing—a marketing practice where brands exaggerate or misrepresent environmental benefits to attract buyers. According to the complaint, the non-GMO label serves as a marketing tool rather than a meaningful product distinction.

“Defendant’s advertising scheme is intended to give consumers the impression that they are buying a premium product that is non-GMO, when in fact the non-GMO claims do not distinguish the products in any way from other avocado oil products,” the lawsuit states.

Shoppers who purchased the product may have believed they were making a better choice by selecting Chosen Foods avocado oil over alternatives. The complaint alleges that, had customers known all avocado oils are already non-GMO, they might have chosen a different brand or spent less.

Other Avocado Oil Lawsuits Raise Similar Concerns

Several brands have been accused of misleading consumers about avocado oil quality and purity.

Last year, Walmart was hit with a lawsuit over claims that their Great Value avocado oil contained lower-cost oils while being marketed as pure. The case argued that customers were misled into paying premium prices for a diluted product.

A similar lawsuit targeted Sprouts Farmers Market, alleging that its avocado oil contained canola oil despite being labeled as 100% avocado oil.

In the Chosen Foods Avocado Oil class action lawsuit, Whiteside seeks to represent a nationwide class of customers who purchased the avocado oil under the assumption that the non-GMO label set it apart from other brands.

She claims that customers paid a premium for what they believed to be a better product and are now owed compensation. The lawsuit demands refunds for affected consumers, updated labeling and marketing practices, a court order preventing further misleading claims, and return of profits allegedly gained through deceptive branding.

Case Details

• Lawsuit: Whiteside, et al. v. Chosen Foods LLC,
• Case Number: 3:25-cv-00481 
• Court: U.S. District Court for the U.S. District Court for the Southern District of California

Plaintiffs' Attorney:

• Craig W. Straub, Kurt D. Kessler and Zachary M. Crosner (Crosner Legal P.C.)

Do you look for non-GMO labels? Share your thoughts on this lawsuit in the comments below.