Snack Pack class action over false ‘real milk’ claims dismissed

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Snack Pack class action overview:

• Who: A judge has thrown out a class action lodged by a consumer against Conagra Brands.
• Why: The judge said the plaintiff could not prove that Conagra Brands deceived customers with the packaging of its Snack Pack pudding.
• Where: The class action lawsuit was filed in an Illinois federal court.

Conagra Brands has escaped a class action lawsuit alleging its Snack Pack pudding made with “real milk” deceived consumers as it uses skim milk.

On Sept. 8, an Illinois federal judge threw out the class action complaint against Conagra Brands Inc.

The lawsuit alleged that Conagra deceived customers into thinking the brand’s chocolate fudge pudding was made with whole milk containing milk fat, when in fact it was made with nonfat milk supplemented with palm oil.

As a result, customers paid a premium for the product, plaintiff Barbara Wienhoff had alleged, while suing for breach of warranty, fraud and unjust enrichment. 

Conagra didn’t deceive consumers, judge rules

However, according to U.S. District Judge Nancy J. Rosenstengel, Wienhoff failed to make the case that a reasonable consumer would believe that the label “Made With Real Milk” meant the pudding would contain whole milk.

“Wienhoff’s fraud claim fails from the start because she has not plausibly alleged that Conagra’s pudding label contained a false statement,” Judge Rosenstengel wrote. 

“Indeed, her allegations are merely a fanciful interpretation of Conagra’s pudding label.”

In another class action case, Red v. Kraft Foods Inc., Kraft was accused of making crackers “with Real Vegetables” that contained minimal vegetables. This case was also thrown out, Judge Rosenstengel said. 

“Wienhoff is alleging that Conagra’s packaging suggests that the pudding is more nutritious and contains a significant amount of milkfat because it says ‘Made with Real Milk’ and depicts a bottle of overflowing milk,” Judge Rosenstengel wrote.

“But similar to how it was unreasonable for the plaintiff in Red to be deceived into thinking a box of crackers contains huge amounts of vegetables, it is fanciful that reasonable consumers will be deceived into thinking that pudding contains a significant amount of milkfat.”

The plaintiff has two weeks to file an amended complaint.

A similar lawsuit was filed against Conagra Brands in 2020 by plaintiff Jennifer Mena, alleging the labels on its Snack Pack brand chocolate fudge pudding is misleading. 

What do you think of this Snack Pack class action lawsuit? Let us know your thoughts in the comments! 

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

The Conagra Brands class action lawsuit is Wienhoff v. Conagra Brands Inc., Case No. 3:21-cv-00501, in the U.S. District Court for the Southern District of Illinois.

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