Crunch ‘n Munch Class Action Filed Over ‘0g Trans Fat’ Claims

A proposed Crunch ‘n Munch class action lawsuit was filed June 2 against snack maker ConAgra Foods with allegations that the popcorn product labeled as having “0g trans fat” actually contains dangerous levels of trans fat.

Lead plaintiff Troy Walker filed the class action lawsuit after discovering the caramel popcorn snack was not as healthy as it claimed to be. According to the Crunch ‘n Munch class action lawsuit, the product contains partially hydrogenated oil which is a synthetic food additive that has been widely banned in the United States and other countries because it is now known as a carcinogen.

The ConAgra class action lawsuit claims the food manufacturer “decided not to join its more responsible peers and cease using PHO (partially hydrogenated oil), instead unfairly placing profits over public health.” The Crunch ‘n Munch class action lawsuit alleges that artificial trans fat has been linked to developing life-threatening medical conditions including cancer, Alzheimer’s disease, type-2 diabetes and heart disease.

According to Walker, the U.S. Food and Drug Administration is in the process of banning partially hydrogenated oil altogether as some cities and states have already done. In 2008, California banned all restaurants from serving any food item that contained more than 0.5 grams of trans fat. Various cities have also placed similar trans fat bans on restaurants including: New York City; Baltimore; Philadelphia, Pa.; Stamford, Conn. and Montgomery Country, Md.

The pending Crunch ‘n Munch class action lawsuit states that there are safe, low-cost alternatives to partially hydrogenated oil available to ConAgra Foods yet the company elects not to use them which may have damaged the health of its customers. By placing a “0g trans fat” label on their product, Walker claims it deceived consumers into thinking the product is healthier than it actually is. He says that he and other putative Class Members expected that “0g trans fat” claim to be accurate and would not have purchased the popcorn product without that label.

The Crunch ‘n Munch class action lawsuit alleges ConAgra Foods is in violation of California’s unfair competition, food labeling and false advertising laws; the Federal Food, Drug and Cosmetic Act and the Lanham Act.

Walker has filed the Crunch ‘n Munch class action lawsuit seeking an order demanding ConAgra Foods to take the following actions:

• Stop using the false “0g trans fat” on Crunch ’n Munch products
• Conduct a corrective advertising campaign
• Eliminate all misbranded (or misleading) materials
• Financially compensate Class Members with actual and punitive damages

The ConAgra Foods class action lawsuit is seeking $5 million in damages which would amount in a couple of dollars for each Class Member. If approved, the class action lawsuit would be open to Class Members in the United States who purchased Crunch ’n Munch containing the label “0g trans fat” on or after Jan. 1, 2008.

Walker is represented by Gregory S. Weston of The Weston Firm.

The Crunch ‘n Munch Trans Fat Class Action Lawsuit is Walker v. ConAgra Foods Inc., Case No. 3:15-cv-02424, in the U.S. District Court for the Northern District of California.