A U.S. district court judge recently dismissed packaged food firm Conagra’s attempt to dismiss a 2024 lawsuit related to artificially adding weight to its fish products via overglazing.
In June 2024, consumers who purchased Mrs. Paul’s and Van de Kamp’s products in the U.S. states of New York and Massachusetts, claimed that Conagra short-weighted its products and “pumped up” its fish with the industrial filler sodium tripolyphosphate (STPP).
Filed in the U.S. District Court for the Northern District of Illinois, that complaint also stated that Mrs. Paul’s and Van de Kamp’s labels indicating the products are made with “100 percent Whole Fish” were inaccurate.
“STPP, a suspected neurotoxin, is typically used to manufacture things like rubber, paint, and antifreeze,” plaintiffs Cindy Pappert, William Martin, and Catherine Foster said in the original complaint. “STPP also is used by unscrupulous businesses in the seafood industry to engage in short-weighting. That is the case here.”
Conagra asked a judge to dismiss the lawsuit in late August 2024, claiming the allegations lack any merit. The company also said plaintiffs have failed to plausibly allege that Conagra – as opposed to fish processors generally – engages in the practice of short-weighting.
In late September 2024, the plaintiffs said the judge should deny the motion to dismiss the case.
Now, U.S. District Court Judge John J. Tharp Jr. has officially denied Conagra’s motion to dismiss the complaint.
While Tharp Jr. allowed the case to proceed, he ruled that the plaintiffs should not have the ability to seek an injunction, which would have forced Conagra to change packaging on Mrs. Paul’s and Van de Kamp’s products.
A separate question about whether the case can proceed as a nationwide class-action will be decided later at the certification stage.
Conagra is still facing the lawsuit even as it sold Mrs. Paul’s and Van de Kamp’s to Lunenburg, Nova Scotia-based High Liner Foods last June in a deal worth USD 55 million (EUR 48 million).
High Liner CEO Paul Jewer told SeafoodSource at the time that the acquisition of the two brands was a strategic investment in the future of High Liner Foods.
"These two leading products are a welcome addition to our existing portfolio of consumer favorite frozen seafood brands and further diversify our product offerings in the U.S. retail market," Jewer said. "High Liner Foods has been co-manufacturing products for Mrs. Paul’s and Van de Kamps for some time now which will help make for a seamless transition for all involved.”
