Judge Gives Final OK to $3.2M Alexia Potato Products Settlement

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A federal judge has granted final approval to a $3.2 million class action settlement agreement over allegations that Alexia Foods Inc., a unit of ConAgra Foods Inc., falsely labeled its potato products as “natural” though they actually contained an artificial chemical that prevents discoloration.

The class action lawsuit alleged that certain Alexia frozen potato products should not have been advertised with the labels “natural” or “all natural” because they contained disodium dihydrogen pyrophosphate, a chemical that preserves the color of the potatoes. U.S. District Judge Phyllis J. Hamilton preliminarily approved the class action settlement in July 2013.

Class Members for the Alexia potato false advertising settlement include anyone who purchased certain Alexia frozen potato products between Dec. 6, 2007 and July 10, 2013. The products included in the class action settlement include:

• Sauté Reds
• Mashed Potatoes Yukon Gold Potatoes & Sea Salt
• Mashed Potatoes Red Potatoes with Garlic & Parmesan
• Waffle Fries
• Harvest Sauté
• Italian Sauté
• Sauté Sweets
• Potato Bites

The deadline to file a claim for the Alexia potato false advertising class action lawsuit was Nov. 27, 2013. Class Members who submitted a valid claim form by this date are eligible to receive either a cash payment of up to $35 or food product vouchers for up to $75 in retail value for Alexia products. The amount Class Members are eligible to receive depends on the number of Alexia potato products purchased. There is a limit of one claim of up to 10 products purchased per household.

Claims will not be paid until all appeals, if there are any, are resolved.

Under the terms of the class action settlement, ConAgra has also agreed to use citric acid or other naturally-sourced compounds instead of disodium dihydrogen pyrophosphate, unless the U.S. Food & Drug Administration determines that the chemical can be labeled “natural” in the future.

More information about the Alexia potato settlement can be found at www.AlexiaSettlement.com.

The plaintiffs are represented by Mark Pifko and Roland Tellis of Baron & Budd PC and Nadeem Faruqi of Faruqi & Faruqi LLP.

The Alexia Potato False Advertising Class Action Lawsuit is In re: Alexia Foods Inc. Litigation, Case No. 4:11-cv-06119-PJH, in the U.S. District Court for the Northern District of California.

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UPDATE 1: Distribution of settlement awards from the Alexia Potato Products Class Action Settlement will be made mid-June 2014, according to the Settlement Administrator. If you get an award, let us know!

UPDATE 2: Top Class Actions viewers are reporting that settlement checks and coupons were distributed the week of June 16, 2014. Average payouts from the Alexia potato class action settlement are about $16 cash and 20 coupons worth a total of $65 off of future purchases of Alexia potatoes. It’s important to note that awards were reduced pro rata, which means the more valid claims are filed, the less money Class Members receive. Congratulations to everyone who submitted a valid claim and got PAID!