Conagra Settles Class Action Lawsuit Over "Sustainable Seafood" Claims

Case Overview: Conagra has reached a settlement in a class action lawsuit challenging its "sustainable seafood" claims. The lawsuit alleged the company misled consumers about the environmental impact of its fishing practices.  

Consumers Affected: Consumers who purchased Conagra's fish products labeled as "sustainably sourced."

Court: U.S. District Court for the Northern District of Illinois, Eastern Division

Conagra Brands Inc., a leading food company known for brands like Birds Eye, Healthy Choice, and Marie Callender's, has reached a settlement in a class action lawsuit that challenged its "sustainable seafood" claims.

Announced in November 2024, the settlement resolves allegations that Conagra misled consumers by labeling certain fish products as "sustainably sourced" when their fishing practices allegedly harmed the environment.

Initially filed in March 2023, the class action focused on various fish products sold under the Mrs. Paul's and Van de Kamp's brands, including crispy battered fillets, crunchy breaded fillets, fish sticks, and fish fingers. The lawsuit took issue with claims on the product packaging stating that the seafood was "certified sustainable" and "good for the environment."

Lawsuit Alleges Conagra Misled Consumers

The lawsuit alleged that Conagra sourced its fish from Russian fisheries in the Bering Sea that used large nets, resulting in overfishing, bycatch of non-target species, and harm to marine life such as sea lions, sharks, and whales. It claimed that these fishing practices contradicted the company's "sustainable seafood" claims and misled consumers who sought to purchase environmentally friendly products.

The class action also challenged Conagra's claim that its fish products were certified by the Marine Stewardship Council (MSC), a non-profit organization that sets standards for sustainable fishing. The lawsuit argued that the MSC certification was "meaningless" in light of the alleged harmful fishing practices used to source the fish.

Conagra Reaches Settlement in "Sustainable Seafood" Lawsuit

Conagra had previously attempted to have the lawsuit dismissed, arguing that its "good for the environment" claims were merely puffery, or exaggerated advertising statements, and that consumers should not take them literally.

However, U.S. District Judge Virginia Kendall rejected this argument, stating that the claims could mislead reasonable consumers into believing that the fish was caught in an environmentally friendly manner.

At a November 5 hearing, Conagra and the plaintiffs announced they agreed to settle the lawsuit. The terms of the settlement are still being finalized, but it is expected to include changes to Conagra's labeling and marketing practices, as well as potential compensation for consumers who purchased the affected fish products.

Other Companies Face Similar Lawsuits

Conagra's settlement isn't unique. Many food companies are facing lawsuits about their "sustainable seafood" claims. For instance, in December 2023, a California federal judge allowed a class action lawsuit against Red Lobster to move forward. The lawsuit claims Red Lobster falsely markets its Maine lobster and shrimp as "sustainable."

Similarly, in 2022, an Illinois judge allowed a class action lawsuit against ALDI to proceed. This lawsuit claims ALDI misled shoppers by labeling its Atlantic Salmon as "sustainably sourced" when it allegedly came from harmful fish farms.

Bumble Bee Foods LLC is facing a proposed class action lawsuit last year for allegedly misleading consumers about the sustainability of its seafood.

Conagra is also facing another class action lawsuit, filed in June in Illinois federal court, this time about its "100% Whole Fish" labeling. The lawsuit targets Van de Kamp's and Mrs. Paul’s frozen fish products. Consumers believe they are buying pure fish, but they might be getting less fish than advertised due to the use of sodium tripolyphosphate (STPP) and extra water. STPP is an industrial filler mainly used in detergents and is a suspected neurotoxin and air contaminant.

Case Details

• Lawsuit: Bohen et al. v. Conagra Brands Inc.
• Case Number: 1:23-cv-01298
• Court: U.S. District Court for the Northern District of Illinois, Eastern Division

Plaintiffs' Attorneys

• Gary M. Klinger, Rachel L. Soffin, and Harper T. Segui (Milberg Coleman Bryson Phillips Grossman LLC)
• Melissa S. Weiner, Daniel L. Warshaw, and Michael H. Pearson (Pearson Warshaw, LLP)
• Ari Kresch and Wendy Kerner (Kresch Legal Services PR, PLLC)

Do you buy Conagra's fish products? What are your thoughts on the settlement? Share your opinion in the comments below.