Conagra Must Show Chicken Labels Inspected, Approved by Regulators, Says Ninth Circuit

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Conagra Chicken False Advertising Class Action Lawsuit Overview: 

• Who: The Ninth Circuit partially revised a class action lawsuit filed by Robert Cohen against Conagra Brands Inc.
• Why: Cohen claimed Conagra falsely advertised its chicken products as “natural.” The Ninth Circuit has determined Conagra must prove its labeling was inspected and approved by the US Department of Agriculture’s Food Safety and Inspection Service.
• Where: The class action lawsuit was originally filed in California federal court.

Conagra Brand must face at least some class action claims that it mislabels its chicken products as “natural” and preservative free, after a review by the Ninth Circuit.

The class action lawsuit had previously been dismissed by a California federal judge who ruled labeling used by Conagra had been approved by the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) — pre-empting the claims, reports Law360.

The Ninth Circuit, however, determined the lower court was incorrect in finding Conagra’s labeling had been approved by the FSIS, ruling the company still must be able to prove that it had in-fact been given the okay. 

“After all, the defendant producer and not the plaintiff will have access to evidence as to FSIS review and approval of its label,” the Ninth Circuit said. 

Conagra Chicken Nuggets Falsely Advertised, Claimed Class Action Lawsuit

Plaintiff Robert Cohen alleged in his class action lawsuit that Conagra’s chicken products contained the synthetic ingredients sodium tripolyphosphate, sodium acid pyrophosphate, and modified corn starch, reports Law360. 

Cohen claimed this contradicted Conagra’s labeling that chicken nuggets he purchased were “made with 100% natural white meat chicken,” had “no artificial colors,” “no added hormones,” and “no preservatives.” 

In addition to claims Conagra violated California’s False Advertising Law, Cohen argued the company violated the state’s Consumer Legal Remedies Act and Unfair Competition Law, reports Law360. 

The Ninth Circuit has asked that Conagra only submit evidence related to whether or not its chicken product labeling was actually inspected and approved by the FSIS. 

Conagra was in the news earlier this month after it agreed to an $18 million class action settlement with workers who claimed the company failed to legally compensate them. 

Chicken buyers may also be able to take part in a $181 million settlement in a class action lawsuit over alleged price-fixing.

Have you purchased chicken from Conagra that was labeled as ‘100% natural’? Let us know in the comments! 

The plaintiff is represented by Gretchen Elsner of Elsner Law & Policy LLC, Marc L. Godino and Danielle L. Manning of Glancy Prongay & Murray LLP, and Alreen Haeggquist, Kathleen Herkenhoff, and Ian Pike of Haeggquist & Eck LLP. 

The Conagra Chicken False Advertising Case is Cohen v.Conagra Brands Inc., Case No. 20-55969, in the U.S. Court of Appeals for the Ninth Circuit. 

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