15.  PEPPERIDGE FARM manufactures, distributes, markets, advertises, and sells  the Product, which claims to be “Natural,” when in fact, it is not, because it contains GMOs in  the form of soy and/or soy derivatives within its ingredients; specifically, soybean oil.    16.  Defendant’s “Natural” statement prominently displayed on the Product’s  packaging and/or labeling is false, misleading, and likely to deceive reasonable consumers, such  as Plaintiff and members of the Class, because the Product is not “Natural,” due to the presence  of GMOs.    17.  GMOs are plants that grow from seeds in which DNA splicing has been used to  place genes from another source into a plant.  Contrary to Defendant’s express or implied  representations, the Product uses plants or plant derivatives grown or created from GMOs.    18.  The Product is not “Natural.”  Genetically modified soy products contain genes  and/or DNA that would not normally be in them, and are thus not natural, thereby causing the  Product to fail to be “Natural.”   43.  Plaintiff re-alleges and incorporates by reference the allegations set forth in each  of the preceding paragraphs of this Complaint.    44.  Pursuant to Federal Rule of Civil Procedure 23, Plaintiff brings this class action  and seeks certification of the claims and certain issues in this action on behalf of a Class defined  as:  all United States persons who have purchased Pepperidge  Farm Cheddar Goldfish crackers containing Soybean Oil, for  personal use, during the period extending from November 6,  2008, through and to the filing date of this Complaint.   45.  Plaintiff reserves the right to amend the Class definition if further investigation  and discovery indicates that the Class definition should be narrowed, expanded, or otherwise  modified.  Excluded from the Class are governmental entities, Defendant, any entity in which  Defendant has a controlling interest, and Defendant’s officers, directors, affiliates, legal  representatives, employees, co-conspirators, successors, subsidiaries,  and assigns.  Also  excluded from the Class is any judge, justice, or judicial officer presiding over this matter and  the members of their immediate families and judicial staff.      46.  Defendant’s practices and omissions were applied uniformly to all members of  the Class, including any subclass arising out of the Colorado statutory claims alleged herein, so  that the questions of law and fact are common to all members of the Class and any subclass.    58.  Plaintiff re-alleges and incorporates by reference the allegations set forth in each  of the preceding paragraphs of this Complaint.    59.  Plaintiff is informed and believes, and thereon alleges, that Defendant engaged in  extensive national marketing and advertising, including, but not limited to, print, electronic  media, television, internet, and direct marketing through agents, to promote and sell the Product  as being “Natural” when it is not, because it contains GMOs.   60.  This cause of action is brought on behalf of Plaintiff and members of the general  public pursuant to COLO. REV. STAT. § 6-1-105(e), (i), which provides that “a person engages in  a deceptive trade practice when, in the course of such person’s business, vocation, or  occupation, such person — [k]nowingly makes a false representation as to the characteristics,  ingredients, uses, benefits, alterations, or quantities of goods, food, services, or property,” or,  “[a]dvertises goods, services, or property with intent not to sell them as advertised.”   61.  Defendant committed unfair deceptive business acts and/or practices.  Defendant  and its related entities represent themselves as being reputable, reliable manufacturers of food  products. However, the utility of Defendant’s practices related to the manufacture, marketing,  and distribution of the Products for the purpose of selling their Products, and Defendant’s  minimal, is negligible, if any, when weighed against the economic harm to the general public,  Plaintiff, and Members of the Class.    70.  Plaintiff re-alleges and incorporates by reference the allegations set forth in each  of the preceding paragraphs of this Complaint.    77.  Plaintiff re-alleges and incorporates by reference the allegations set forth in each  of the preceding paragraphs of this Complaint.    78.  Defendant has represented to the public, including Plaintiff, by packaging,  labeling and other means that the Product is Natural, although it is not because it contains  GMOs.     BREACH OF EXPRESS WARRANTY   NEGLIGENT MISREPRESENTATION   VIOLATION OF COLORADO’S CONSUMER PROTECTION ACT  COLO. REV. STAT. §§ 6-1-105, et seq.  