On Friday, Julie Ruiz filed a class action lawsuit in the Northern District of Illinois against Conagra Brands, Inc. alleging false and misleading advertising.
According to the complaint, Conagra Brands is a Delaware corporation that manufactures, markets and sells various lines of food products including Angie’s BOOMCHICKAPOP microwave popcorn (the Product). The complaint states that the Product is marketed and labeled as containing “only real ingredients,” “ingredients sourced from nature” and “Real, Simple Ingredients. Nothing Fake.”
However, the plaintiffs argue that Conagra’s labeling and advertising of the Product is false and misleading. The complaint alleges that despite the defendant’s representations the Product contains significant levels of per- and polyfluoroalkyl substances (PFAS).
The complaint purports that PFAS are a group of synthetic, human-made chemicals known to be harmful to both the environment and humans. The plaintiffs argue that the presence of PFAS in the Product is directly contradictory to the labeling on the Product and the representations in its marketing as being “real,” “sourced from nature” and “Nothing Fake.”
The plaintiffs further argue that the labeling and marketing was intentionally false and misleading. The complaint alleges that Conagra intentionally marketed the Product as real and naturally sourced to drive sales and increase profits at the expense of its consumers.
The plaintiffs argue that they purchased the Product with the belief that the Product was real and natural due to the false representations in its marketing and labeling. Further, the plaintiffs allege that if they were aware of the presence of PFAS, they would not have purchased the Product or paid a price premium.
Accordingly, the plaintiffs bring the present case alleging violations of the California Consumer Legal Remedies Act, the California False Advertising Law, the California Unfair Competition Law, State Consumer Protection Statutes and unjust enrichment. For the alleged violations, the plaintiffs seek class certification, declaratory and injunctive relief, actual and punitive damages, disgorgement of profits, pre- and post-judgment interest, attorney’s fees and costs. The plaintiffs are represented by Milberg Coleman Bryson Phillips Grossman PLLC and Pearson, Simon & Warshaw, LLP.
