ConAgra class action alleges Bigs brand Chile Limón sunflower seeds mislead consumers on artificial flavors

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ConAgra class action lawsuit overview:

• Who: Plaintiff Rebecca Suarez filed a class action lawsuit against ConAgra Brands Inc.
• Why: ConAgra allegedly fails to label its Bigs brand Chile Limón sunflower seeds as “artificially flavored,” misleading consumers into thinking the product contains no artificial flavors.
• Where: The ConAgra class action lawsuit was filed in Illinois federal court.

ConAgra Brands Inc. misleads consumers into thinking Bigs Chile Limón sunflower seeds contain no artificial flavors when they actually contain an artificial ingredient, according to a ConAgra class action lawsuit filed Sept. 4 in Illinois federal court.

Plaintiff Rebecca Suarez says she saw the picture of half a fresh lime and chili pepper red background on the Bigs Chile Limón product label and expected that it got its flavor from natural ingredients.

Like a majority of consumers, Suarez says that she seeks to avoid products with artificial flavoring because she believes that foods with artificial flavors are less healthy than those that contain only natural flavoring.

Regulations require label to indicate Bigs sunflower seeds are ‘artificially flavored,’ ConAgra class action alleges

The ConAgra class action lawsuit asserts that the Bigs sunflower seeds prominently state “Chile Limón” in large font, followed by “Flavor” in a significantly smaller font that leads consumers to “expect all of the taste will come from the characterizing ingredients of chili peppers and lime.”

However, the Bigs sunflower seeds ingredients include “malic acid.” Although malic acid can be naturally occuring, laboratory testing reportedly shows that the Bigs Chile Limón sunflower seeds contain artificial DL-Malic Acid instead of natural L-Malic Acid.

Because the Bigs sunflower seeds contain the artificial DL-Malic Acid, federal and state regulations require that “Chile Limón” be accompanied by “artificial” or “artificially flavored,” the ConAgra class action lawsuit states.

Suarez alleges she paid more than she would have if she had known the Bigs sunflower seeds contained artificial flavoring. She filed the ConAgra class action lawsuit on behalf of herself and a proposed class of consumers in Illinois, Wisconsin, and other states who purchased the product during the applicable statute of limitations.

The Bigs sunflower seeds class action lawsuit asserts claims for violations of various state consumer protection laws, breach of warranty, negligent misrepresentation, fraud, and unjust enrichment.

Earlier this year, an Illinois appellate judge denied a motion to dismiss a ConAgra class action lawsuit alleging some of its cans of cooking spray exploded, causing fires and injuries.

Do you think the Bigs sunflower seeds label misleads consumers into thinking it contains no artificial flavoring? Join the discussion in the comments!

Suarez is represented by Spencer Sheehan of Sheehan & Associates PC.

The Bigs Sunflower Seeds class action lawsuit is Rebecca Suarez v. Conagra Brands Inc., Case No. 1:22-cv-04743, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

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