Judge Grants Cert. in Wesson Oil Class Action Lawsuit

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On Monday, the proposed Class was tentatively certified in the class action lawsuit accusing ConAgra Foods Inc. of falsely advertising the Wesson vegetable oil as all natural when the cooking oils actually contained oils extracted from genetically modified organisms (GMOs).

The class action lawsuit has grown to cover 10 states where plaintiffs argue that ConAgra misleads consumers when it advertises its Wesson brand vegetable oils that contain oils extracted from GMOs as 100 percent all natural.

After losing a bid for class certification in July, the plaintiffs successfully obtained a tentative ruling granting certification from U.S. District Judge Margaret M. Morrow after introducing new expert evidence.

The morning before the Class certification hearing, a 100-page tentative ruling was released to the attorneys representing the parties. According to the tentative ruling, proposed Classes in 10 states would be certified, including two Classes each in California, New York, Oregon and South Dakota, and one class each in Colorado, Florida, Indiana, Nebraska, Ohio and Texas.

The present Wesson oil class action lawsuit originated in June 2011 when a class action was filed in California by lead plaintiff Robert Briseno. Plaintiffs in additional states were added since the initial complaint. According to the Wesson oil class action lawsuit, ConAgra uses plants that are genetically tweaked to exhibit features or properties that would not otherwise be present in nature and therefore, the plaintiffs argue, the vegetable oil should not be labeled as all natural.

“Specifically, Wesson Oils are made with plants whose genes have been directly altered by scientists in a lab using biotechnology for the express purpose of causing those plants to exhibit traits that are not naturally their own,” allege the plaintiffs in the Wesson oil class action lawsuit.

This development is the latest in various interests debating the issue in state and federal courts. Just this year, the federal government was asked by food production companies, like ConAgra, to adopt voluntary labeling standards for genetically modified foods, while many states pushed for mandatory standards.

Judge Morrow denied a previous motion for Class certification filed in May finding that the plaintiffs failed to properly establish their claims under consumer protection laws in the various states where the action applies. The plaintiffs filed another motion for Class certification in September after adding surveys and testimony from damages and liability experts.

At the certification hearing, Judge Morrow dismissed arguments made by ConAgra’s attorneys that reconsidering certification violated their due process rights. However, Judge Morrow did not make a final decision on the matter.

Following the arguments this week, Judge Morrow took the matter under review. “This could be the oldest case on my docket,” the judge remarked at the end of the hearing, “other than a death penalty case.”

Robert Briseno is represented by David E. Azar and Nicole Duckett Fricke of Milberg LLP, and Adam J. Levitt and Edmund S. Aronowitz of Grant & Eisenhofer PA.

The Wesson Oil Class Action Lawsuit is In re: ConAgra Foods Inc., Case No. 2:11-cv-05379, in the U.S. District Court for the Central District of California.

UPDATE: April 2019, the Wesson cooking oil class action settlement is now open. Click here to file a claim.