ConAgra Parkay Spray Class Action Lawsuit

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ConAgra Parkay Spray Class Action Lawsuit

By Kimberly Mirando

ConAgra Foods has been hit with another class action lawsuit accusing the packaged food company of intentionally misrepresenting the contents of one of its food products – this time Parkay Spray butter substitute.

Nebraska resident Pamela Trewhitt alleges in the Parkay Spray class action lawsuit that ConAgra falsely marketed the butter substitute as “fat-free” and “calorie-free,” even though it contains 832 calories and 93 grams of fat per 8-oz bottle. The class action lawsuit also claims Parkay Spray’s nutrition information label uses artificially small serving sizes of one to five sprays to understate the amount of fat and calories in the products.

“Defendant knew or should have known that its product was mislabeled and engendered confusion among consumers,” the ConAgra class action lawsuit says. It cites numerous Internet complaints about the spray by consumers who couldn’t figure out why they weren’t losing weight until they discovered that Parkay Spray was the culprit. One such consumer said “I was literally taking the top of the ‘fat and calorie free butter’ spray and pouring it on my carefully steamed veggies when I found out that a bottle of that stuff is 90 fat grams. I was going through two bottles a week, and working out and getting fat and unhealthy.”

ConAgra has been hit with multiple class action lawsuits recently alleging the company intentionally misled consumers about the contents of its food products. In 2011, a Wesson Oil class action lawsuit alleged ConAgra deceptively marketed its Wesson brand vegetable oils as “100% natural,” even though they’re made from genetically modified plants. In June 2012, the company was hit with a Hebrew National class action lawsuit alleging its hot dogs and other Hebrew National brand products aren’t kosher, even though they’re labeled as such.

The ConAgra Parkay Spray class action lawsuit accuses the company of violating the Nebraska Consumer Protection Act, intentional and negligent misrepresentation, reaping ill-gotten profits, and fraud. It is seeking more than $5 million in damages as well as an injunction barring ConAgra from labeling Parkay Spray as fat-free and calorie-free.

Updated August 20th, 2012

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