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In the 2nd major development this week in the debate over whether foods made with GMO’s can be labeled ‘natural’, a NY judge handling a multi-district lawsuit vs Frito-Lay says she will not refer the matter to the FDA, as her counterparts have done in similar cases vs Gruma Corp and General Mills.

Frito-Lay North America had argued that the lawsuit – which alleges it deceived consumers with ‘all natural’ claims on Tostitos, SunChips and Fritos Bean Dips made with GMOs- should be dismissed pursuant to the primary jurisdiction doctrine, or at least put it on ice while the FDA decides if GMOs belong in ‘all-natural’ foods.

But US district Judge Roslynn R. Mauskopf disagreed.

Frito-Lay’s request to dismiss, or stay, this action for the FDA to address whether foods containing bioengineered ingredients may be labeled ‘natural’ is unwarranted

In her August 29 order on case – which consolidates actions filed in multiple state – she said the judicial system was more than capable of addressing whether Frito-Lay has marketed products in a way that could mislead a reasonable consumer.