Conagra agrees to settlement to resolve sustainable seafood class action

Update:

• Conagra reached a settlement to end claims it falsely advertises its seafood products are sustainably sourced.
• In a status hearing held in an Illinois federal court Nov. 5, the parties in the class action lawsuit told the court they’d reached a settlement but needed more time to finalize it.
• Last year, plaintiffs John Bohen and Abdallah Nasser filed an initial class action complaint alleging Conagra “turns a blind eye” to allegedly unsustainable fishing practices used to source its seafood despite labeling the products as “certified sustainable seafood.” 
• Conagra backs up its sustainable fishing claim with a prominent but allegedly meaningless blue stamp certification from the Marine Stewardship Council on its product labeling, according to the Conagra class action. 

Conagra seafood class action lawsuit overview: 

• Who: John Bohen and Abdallah Nasser filed a class action lawsuit against Conagra Brands Inc. 
• Why: Bohen and Nasser claim Conagra falsely advertises that its seafood products are sustainably sourced.
• Where: The class action lawsuit was filed in Illinois federal court.

(March 7, 2023)

Conagra falsely advertises that its seafood products are sustainably sourced, a new class action lawsuit alleges. 

Plaintiffs John Bohen and Abdallah Nasser claim Conagra “turns a blind eye” to allegedly unsustainable fishing practices used to source its seafood, despite labeling the products as “certified sustainable seafood.” 

Conagra backs up its sustainable fishing claim with a prominent — but allegedly meaningless — certification from the Marine Stewardship Council (MSC) in the form of a blue stamp that the company uses on its product labeling, according to the Conagra class action. 

Bohen and Nasser claim the MSC certification is not proof of sustainable fishing methods, however, while arguing the council hands out the certification to those who “use industrial fishing methods that injure marine life as well as ocean habitats with destructive fishing.” 

“Despite the MSC certification, ConAgra sources its Products using fishing practices that indiscriminately harm ocean ecosystems,” the Conagra class action states. 

Bohen and Nasser want to represent a nationwide class and multi-state consumer protection class of individuals who have purchased a Conagra seafood product within the applicable statute of limitations. 

Conagra able to charge premium for seafood products due to ‘false and deceptive labeling,’ says class actio

Conagra is able to “charge a premium” amount for its seafood products based on the allegedly false representations that they are sustainably sourced, the Conagra class action alleges. 

“Due to ConAgra’s false and deceptive labeling, Plaintiffs and reasonable consumers purchased Products based upon their reliance on ConAgra’s Sustainability Promise,” the Conagra class action states. 

Bohen and Nasser claim Conagra is guilty of unjust enrichment and of violating multiple state laws, including the Illinois Consumer Fraud and Deceptive Trade Practices Act and the Virginia Consumer Protection Act of 1977, among others.

Plaintiffs are demanding a jury trial and requesting declaratory and injunctive relief along with an award of monetary, treble, statutory, and punitive damages for themselves and all class members. 

Conagra announced that it was recalling more than 1,200 tons of its canned meat and poultry products last month over concerns that a defect with the product’s packaging could cause them to become contaminated. 

Have you purchased a Conagra seafood product? Let us know in the comments! 

The plaintiffs are represented by Gary M. Klinger, Rachel L. Soffin, and Harper T. Segui of Milberg Coleman Bryson Phillips Grossman LLC, Melissa S. Weiner, Daniel L. Warshaw, and Michael H. Pearson of Pearson Warshaw, LLP, and Ari Kresch and Wendy Kerner of Kresch Legal Services PR, PLLC. 

The Conagra seafood class action lawsuit is Bohen, et al. v. Conagra Brands Inc., Case No. 1:23-cv-01298, in the U.S. District Court for the Northern District of Illinois.

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