Green Beans With Salt Falsely Marketed as Containing ‘No Preservatives,’ Class Action Alleges

Del Monte Foods Class Action Overview:

• Who: A customer is suing Del Monte Foods, Inc.
• What: The Plaintiff claims Del Monte’s Farmhouse Cut Green Beans are falsely advertised as having no preservatives when they contain salt, which is a preservative.
• Where: Illinois

An Illinois woman is suing Del Monte Foods for an estimated $5 million, claiming its green brands are falsely advertised as preservative-free because they contain salt.

Plaintiff Jaymee Fleming filed the class action lawsuit against Del Monte Foods, Inc. Nov. 19 in an Illinois federal court, alleging violations of Illinois consumer laws and federal warranty laws.

Fleming alleges that Del Monte sells Farmhouse Cut Green Beans, and markets them as “Fresh Cut,” “With Natural Sea Salt” and containing “No Preservatives.” 

The lawsuit says the company is appealing to a consumer that is increasingly seeking foods without preservatives, like Fleming. 

However, according to the lawsuit, the presence of salt means that the beans are, in fact, in a preservative. Fleming says, while salt can be added for taste, it also functions as a preservative. 

“The statement that the Product has “No Preservatives” is false, due to the presence of salt,” the class action lawsuit alleges.

“By labeling the Product in this manner, Defendant gained an advantage against other companies, and against consumers seeking to purchase a product that did not contain preservative ingredients.”

Fleming says Del Monte charges $2.79 for 14.5 ozs of the green beans, which is allegedly at a premium compared to other similar products.

She believes the amount in controversy exceeds $5 million. She’s looking to represent a Class of Illinois customers who bought the green beans. She’s also looking to represent a Class of consumers in North Dakota, Rhode Island, Michigan, Virginia, Kansas, Wyoming, and Delaware.

Fleming is suing under various state consumer fraud acts, and for breach of warranty, negligent misrepresentation, fraud and unjust enrichment. 

She’s seeking certification of the class action, an injunction, damages, fees, costs and a jury trial.

Del Monte was also sued in 2014 by plaintiffs alleging the company’s labeling misled consumers into believing that their canned tomato products contained antioxidants.

What do you think of the claims in this case? Let us know in the comments! 

Fleming is represented by Spencer Sheehan of Sheehan & Associates, P.C. 

The Del Monte Foods Green Beans Class Action Lawsuit is Fleming et al., v. Del Monte Foods, Inc., Case No. 3:21-cv-01462 in the U.S. District Court Southern District of Illinois. 

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