In a dramatic class action lawsuit, plaintiffs have accused a major food corporation of deceptive practices that could potentially affect millions of consumers. The complaint was filed by Cindy Pappert, William Martin, and Catherine Foster in the United States District Court for the Northern District of Illinois on June 11, 2024, against Conagra Brands, Inc.
The plaintiffs allege that Conagra Brands has been misleading consumers with false claims about its Van de Kamp and Ms. Paul’s brand frozen fish products. According to the complaint, these products are marketed as "100% Whole Fish," but in reality, they contain industrial fillers like sodium tripolyphosphate (STPP) and extra water to artificially inflate their weight. STPP is an industrial chemical typically used in manufacturing rubber, paint, and antifreeze and is suspected to be a neurotoxin. The plaintiffs argue that this practice constitutes "short weighting," a form of seafood fraud where non-fish substances are added to increase the product's weight deceptively.
William Martin from California claims he purchased Van de Kamp products multiple times over recent years from local supermarkets in 2022. Similarly, Cindy Pappert from New York bought these products several times in 2023 from New York supermarkets. Catherine Foster from Massachusetts also made similar purchases in 2023. All three plaintiffs assert that they relied on the product packaging which claimed the fish were "100% Whole Fish" and would not have bought them or would have paid less if they had known the truth.
The plaintiffs accuse Conagra Brands of violating multiple consumer protection laws including California’s Unfair Competition Law (UCL), False Advertising Law (FAL), Consumer Legal Remedies Act (CLRA), New York General Business Law §§ 349 and 350, and Massachusetts General Laws Chapter 93A. They seek actual damages, statutory damages, punitive damages, restitution, injunctive relief to prevent further misleading advertising practices by Conagra Brands, and coverage for legal fees.
Joel D. Smith of Smith Krivoshey PLLC is representing the plaintiffs along with Yeremey O. Krivoshey and Carl Malmstrom of Wolf Haldenstein Adler Freeman & Herz LLP. The case is being presided over by Judge [Name] under Case ID: 1:24-cv-04835.