La Choy Chow Mein Noodles Contain Trans Fat, Class Action Says

Conagra has been hit with a class action lawsuit alleging its La Choy chow mein noodles contain trans fat, despite labeling otherwise.

Lead plaintiff Steve Altes claims that the crispy noodle product is made with partially hydrogenated oil – an “unlawful and dangerous food additive.”

However, the product’s packaging states that it contains “0g Trans Fat,” says the plaintiff.

Partially hydrogenated oil, also known as PHO or trans fat, has long been known to be dangerous, according to the La Choy class action lawsuit.

The plaintiff says he purchased La Choy chow mein noodles in California relying on labeling that indicated the product contained no trans fat. Altes claims that he would not have purchased or paid as much for the product had he known the truth.

“PHO was and is an unlawful and dangerous food additive due to its artificial trans fat content,” contends the La Choy class action lawsuit. “Artificial trans fat is a toxic substance whose unlawful use contributed to hundreds of thousands of untimely deaths in the United States, primarily from heart disease, cancer, and diabetes.”

According to the plaintiff, the labeling on La Choy chow mein noodles deceives consumers. There is a large statement proclaiming “0g Trans Fat,” but small type indicating that the amount is per serving and that consumers should see nutrition information.

Despite a proposed FDA rule banning the substance in 2013 and then the final passage of an FDA declaration stating that PHO is unsafe for use in any food, Conagra continued to use trans fat in La Choy chow mein noodles, alleges the La Choy class action.

In fact, safe alternatives existed and were used in competing products, says the plaintiff, but Conagra put profits ahead of consumer health.

“Defendant also defrauded the class by using the false and unauthorized ‘0g Trans Fat’ nutrient content claim on La Choy packaging,” alleges the Conagra class action lawsuit. “All PHO, however, contains trans fat, and the amount in La Choy was not ‘0g,’ but a substantial and dangerous amount.”

PHO is made by adding hydrogen atoms to vegetable oil, according to the La Choy chow mein class action lawsuit. The oil is heated above 400 degrees Fahrenheit and includes ion-donor catalysts including rhodium, ruthenium, and nickel.

While PHO was initially heralded as a low cost, long-shelf-life fat, it was discovered to cause cardiovascular disease, diabetes, cancer, and Alzheimer’s disease, according to the Conagra class action, and accelerate memory damage and cognitive decline.

“These risks were well known during the entire class period, and at no point during the class period was there ever a consensus that PHO was safe to use, neither in general nor as an ingredient in crispy noodle products,” alleges the La Choy chow mein noodles class action lawsuit.

Altes and the proposed Class are represented by Gregory S. Weston and Andrew C. Hamilton of The Weston Firm.

The La Choy Chow Mein Noodles Trans Fat Class Action Lawsuit is Altes v. Conagra Brands Inc., Case No. 2:19-cv-03952, in the U.S. District Court for the Central District of California.

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