Plaintiff alleges food giant misled consumers with false 'No Artificial Preservatives' claim


Julian C. Diamond of Bursor & Fisher, P.A. | Bursor & Fisher, P.A.

A class action lawsuit has been filed against Conagra Brands, Inc., accusing the company of misleading consumers with false advertising claims related to its Orville Redenbacher products.

The complaint alleges that the products falsely claim to have “No Artificial Preservatives, Flavors or Dyes,” despite containing tocopherols, which are identified as artificial preservatives. According to the filing, Conagra has promoted its products in a way that misleads health-conscious consumers into believing they are free from artificial additives. The lawsuit cites federal regulations defining tocopherols as artificial preservatives under 21 C.F.R. § 101.22(a)(5).

The plaintiff, Sequoia King, claims she purchased Orville Redenbacher’s Kettle Corn Microwave Popcorn based on its advertised lack of artificial preservatives, but later discovered it contained tocopherols. She asserts that, had she known about this ingredient, she would not have bought the product or would have paid less for it. The lawsuit seeks compensatory damages exceeding $5 million for all affected consumers across the United States.

The complaint further argues that Conagra’s actions were materially misleading and likely to deceive reasonable consumers about the quality of their products. It notes that many consumers prefer foods labeled as preservative-free due to perceived health benefits and are willing to pay more for such items. The lawsuit requests both financial compensation and an injunction against Conagra’s marketing practices.

The plaintiff is represented by attorney Julian C. Diamond of Bursor & Fisher, P.A. The case was filed in the United States District Court for the Eastern District of New York under Case No. 1:25-cv-5123.

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