Conagra Must Face Lawsuit Over Seafood Sustainability Claims

A federal judge on Monday said ConAgra Brands must face a lawsuit claiming it misled U.S. consumers into believing that nine Mrs. Paul’s and Van de Kamp’s fish products were sustainably sourced.

U.S. District Judge Virginia Kendall in Chicago rejected ConAgra’s argument that the phrase “Good for the Environment” on packaging was “puffery,” meaning an overstatement or exaggeration that could not support the proposed class action.

Consumers alleged that ConAgra sourced pollock in the Bering Sea from Russian fisheries that used huge nets – sometimes larger than two American football fields – to catch fish, and indiscriminately trapped and killed endangered fish species.

They said this rendered “meaningless” ConAgra’s claim on packaging that the nonprofit Marine Stewardship Council (MSC) had certified the fisheries as sustainable.

The consumers said they would not have bought or would have paid less for ConAgra’s fish products had they known the truth, and sought unspecified damages for a nationwide class.

Other fish producers including privately-held Bumble Bee Foods have faced similar lawsuits.

In a 25-page decision, Kendall said it was an open question whether ConAgra’s packaging misled reasonable consumers.

She highlighted the Chicago-based company’s use on packaging of blue stamps to reflect the MSC certification, and an affirmation that its fish was “certified sustainably sourced.”

The judge also said the Federal Trade Commission has warned companies not to make environmental claims that might appear unfair or deceptive.

“‘Good for the Environment’ impresses on consumers that the fish was caught in an environmentally friendly manner,” Kendall wrote. “Consumers have no obligation to question the labels they see on the packaging or parse through its language to determine how ‘Good for the Environment’ should be interpreted.”

ConAgra declined to comment, saying it does not discuss pending litigation. Lawyers for the consumers did not immediately respond to requests for comment.

The nine ConAgra products are Mrs. Paul’s Crispy Battered Fillets, Crunchy Breaded Fillets, Fish Sticks, Fish Fingers and Beer Battered Fillets; and Van de Kamp’s Crispy Battered Fillets, Crunchy Breaded Fillets, Fish Sticks and Beer Battered Fillets.

The case is Bohen et al v ConAgra Brands Inc, U.S. District Court, Northern District of Illinois, No. 23-01298.

(Reporting by Jonathan Stempel in New YorkEditing by Marguerita Choy)