ConAgra Deceptive Labeling Class Action Lawsuit Suffers Setback

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A class action lawsuit accusing ConAgra Foods Inc. of deceptively labeling a variety of products — including PAM cooking spray, Hunt’s canned tomato products and Swiss Miss cocoa — to appear healthier than they actually are suffered a major setback in court this week.

U.S. District Judge Charles R. Breyer dismissed the majority of the plaintiffs’ claims on the grounds that they failed to specify key determining factors such as when they purchased the products. The plaintiffs have 30 days to amend the class action lawsuit and replead their claims.

Plaintiffs Levi Jones, Christine Sturges and Edd Ozard filed the ConAgra deceptive labeling class action lawsuit in April. The class action accuses the packaged food giant of making misleading and unlawful claims that its products are “100% natural” and “organic” when they actually contain chemical preservatives, petrochemicals, synthetic chemicals and other artificial ingredients.

This is not the only deceptive labeling class action lawsuit ConAgra has been hit with this year. The company is defending three other class action lawsuits, including one claiming its Hebrew National brand products aren’t kosher and that its Parkay Spray is not “fat-free” or “calorie-free” as advertised.

Plaintiffs in the current class action lawsuit plan to amend what they can and proceed with the case, according to their attorney David Shelton. Shelton said the ruling was a positive one because the claims were dismissed based on minor issues that can be fixed, not major issues that could ultimately destroy the case.

The ConAgra Deceptive Labeling Class Action Lawsuit case is Jones v. ConAgra Foods Inc., Case No. 12-cv-01633, in the U.S. District Court for the Northern District of California.

UPDATE: A federal judge heard arguments June 6, 2014, to certify the ConAgra Deceptive Labeling Class Action Lawsuit.