Burrito or bowl? White or brown? Black or pinto?

These are just some of the daily decisions customers make at hundreds of Chipotle Mexican Grill locations around the world. But for some, just walking through the restaurant door means that they’ve already decided something about their food–they’d like it GMO-free. However, contrary to current advertisements, a lawsuit alleges that GMO-free may not be what is actually being served.

A California woman has accused Chipotle of false advertising in a lawsuit, after the company touted its Mexican-styled casual dining as the first national chain to go completely GMO-free in April. According to Reuters, plaintiff Colleen Gallagher alleges in her lawsuit that “Chipotle violated the Federal Food, Drug and Cosmetic Act because its food labeling is false and misleading, and deceived diners into paying more for their food.”

Gallagher says,

As Chipotle told consumers it was ‘G-M-Over it,’ the opposite was true. In fact, Chipotle’s menu as never been at any time free of GMOs.

Chipotle has already admitted that before the April announcement, the corn and soy in its corn and flour tortillas and cooking oil had previously been genetically modified. It has also clearly noted on its website that its GMO-free menu comes with a disclaimer.

The site reads,

The meat and dairy products we buy come from animals that are not genetically modified. But it is important to note that most animal feed in the U.S. is genetically modified, which means that the meat and dairy served at Chipotle are likely to come from animals given at least some GMO feed.

It also warns that many of the beverages it sells, e.g. Coke products, also contain genetically modified ingredients  like high fructose corn syrup, which is almost always made from GMO corn. Despite this admission, Gallagher’s lawsuit currently seeks class-action status and unspecified damages, but Chipotle spokesman Chris Arnold told Reuters the company plans to contest the charges.