Van de Kamp’s, Mrs. Paul’s frozen fish not ‘100% whole fish’ as advertised, class action alleges

Frozen fish class action overview: 

• Who: A trio of frozen fish consumers are suing Conagra. 
• Why: The plaintiffs claim the company falsely markets its Van de Kamp’s and Mrs. Paul’s frozen fish products as “100% whole fish” when it allegedly adds filler and water to the products.
• Where: The frozen fish class action lawsuit was filed in an Illinois federal court.

Conagra bulked up its frozen fish products to make them look bigger, misleading consumers, a new class action lawsuit alleges. 

Plaintiffs William Martin, Cindy Pappart and Catherine Foster filed the complaint against Conagra Brands on June 11 in an Illinois federal court, alleging violations of state and federal consumer laws. 

According to the lawsuit, Conagra is dishonest with consumers by marketing its popular Van de Kamp’s and Mrs. Paul’s frozen fish products as “100% whole fish.” The plaintiffs say this is a lie because the company allegedly artificially adds extra weight to the fish products.

“The truth is, defendant pumps up those fish with an industrial filler called sodium tripolyphosphate (STPP) and extra water to artificially add weight, which may then ooze out as a white goo when the fish is cooked,” the plaintiffs claim.

What is STPP?

STTP is a colorless, tasteless inorganic compound typically used to manufacture detergents, rubber, paint and antifreeze. 

The plaintiffs allege Conagra used STTP to commit a kind of seafood fraud known as “short weighing” in which processors use excess ice or additives and unlawfully include that weight with the net weight of the seafood. 

This means consumers are paying for a higher weight of fish than they are actually getting. 

“Not only do consumers end up paying more money for STPP-treated seafood because of the added water weight, but the seafood decreases in size and changes in texture when the water is cooked out,” the lawsuit claims. 

“Excessive STPP treatment destroys the quality of the protein during the cooking process and can create a ‘soapy’ flavor and mushy texture.” 

Ingredients list misleading, lawsuit says

The plaintiffs say Conagra does include the compound in its ingredients list on the back of the fish products. However, it says the list is misleading because it states sodium tripolyphosphate is “added to retain moisture.” 

“STPP in the products is not added to retain the natural water or moisture of the fish as it was found in the ‘wild,’ but rather to bulk up the products’ weight and size and retain the water that has been ar”ficially pumped into the products at defendant’s processing plants,” they say.

The list does not indicate to a customer that the product they are buying is not, in fact, 100% whole fish, they allege.

As a result, the plaintiffs are suing on behalf of anyone in the United States who purchased one of the fish products during the last four years. They’re suing for violations of warranty laws, state consumer laws and for unjust enrichment.

Last year, Walmart and Bumble Bee Foods were each hit with class action lawsuits alleging they falsely advertise seafood products they manufacture and sell as “sustainably sourced.”

Are you affected by this frozen fish class action lawsuit? Let us know in the comments!

The plaintiff is represented by Joel D. Smith and Yeremey O. Krivoshey of Smith Krivoshey PLLC, and by Carl Malmstrom of Wolf Haldenstein Adler Freeman & Herz LLP.

The Frozen Fish Class Action Lawsuit is Cindy Pappert et al. v. Conagra Brands Inc., Case No. 1:24-cv-04835 in the U.S. District Court for the Northern District of Illinois

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