OAKLAND (CBS SF) — A lawsuit accuses restaurant Chipotle Mexican Grill of falsely advertising its food is free of genetically modified organisms.

The lawsuit accuses the restaurant of violating the Federal Food, Drug and Cosmetic Act “because its food labeling is false and misleading,” and says it “deceived diners into paying more for their food,” according to Reuters.

Colleen Gallagher of Piedmont filed the lawsuit Friday in federal court in San Francisco. She is seeking class-action status.

“In fact, Chipotle’s menu as never been at any time free of GMOs,” said Gallagher.

GMOs are organisms or microorganisms whose genetic material has been altered by means of genetic engineering.

There are disclaimers on the Denver-based company’s website explaining there may be GMOs in some of its food and beverages, but Gallagher said most customers will never see them.

Chipotle sells “food with integrity” according to its website. “We’re committed because we understand the connection between how food is raised and prepared, and how it tastes.”

Company spokesperson Chris Arnold told Reuters Chipotle will contest the lawsuit.

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