|[March 21, 2013]
Lawsuit: ConAgra Misled Consumers about Health Benefits of Parkay Spray
SEATTLE --(Business Wire)--
Hagens Berman, a consumer-protection law firm, has filed a lawsuit in
federal court alleging that ConAgra Foods, Inc. (NYSE: CAG) deceptively
marketed Parkay Spray, a sprayable margarine product, as "fat free," and
"0 calories" to entice health-conscious customers, despite the product
not meeting federal requirements to qualify for those claims.
The lawsuit, filed on March 21, 2013 in the U.S. District Court for the
District of Northern California, seeks to represent a nationwide class
of consumers who purchased Parkay Spray and who were misled about its
nutritional value. The suit asks the court to award damages to consumers
to compensate them for the alleged misstatements about Parkay.
Consumers who purchased Parkay Spray can contact a Hagens Berman
attorney to discuss the case by calling (206) 623-7292 or by emailing Parkay@hbsslaw.com.
Parkay is a line of margarine products in spreadable, sprayable and
squeezable forms, and was acquired by ConAgra Foods, the nation's second
largest packaged-food company, in 1998. According to the lawsuit,
ConAgra markets Parkay Spray, as a "guilt-free" alternative to
traditional butter products, and claims that the product is "0
calories," "0 fat," and "fat free" in official product descriptions on
compay websites and in advertisements.
The lawsuit claims that these representations are false. It alleges that
the defendants used unlawful serving sizes to hide the amount of fat and
number of calories that a reasonable consumer would actually consume
using the product. Such attempts are in direct violation of the Food and
Drug Administration's (FDA) rules, says Steve W. Berman, the Hagens
Berman attorney leading the case.
"This cynical scheme is meant to take advantage of consumers who are
trying to look out for their health, and the health of their families,"
said Mr. Berman. "We plan to show that ConAgra is openly flouting the
FDA's rules and state laws that prohibit the practice of simply lowering
the serving size on the label to hide the number of calories in a
The lawsuit also claims that ConAgra failed to follow FDA rules that
require disclosing if any ingredients contain fat. Parkay Spray lists
"soybean oil" and "buttermilk" in its ingredient list on the label, the
complaint alleges, but does not disclose that these ingredients contain
More information about this lawsuit is available at http://www.hbsslaw.com/cases-and-investigations/cases/parkay
Seattle-based Hagens Berman Sobol Shapiro LLP is a national law firm
with offices in ten cities, including Boston, Chicago, Colorado Springs,
Los Angeles, Minneapolis, New York, Phoenix, San Francisco and
Washington, D.C. The firm has been named to the National Law Journal's
Plaintiffs Hot List six times. Founded in 1993, the firm represents
plaintiffs in class actions and multi-state, large-scale litigation that
seek to protect the rights of investors, consumers, workers,
whistleblowers and others. More information about the firm is available
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