A class action lawsuit accuses Conagra Foods of allegedly misleading the public by advertising Chef Boyardee canned pasta products contain no preservatives.
"The labels for the products prominently display, in a conspicuous advertising panel at the top of the label, the claim that these products include 'No Preservatives,'” states the lawsuit. " This statement is false. Each of the products are made with citric acid - a well known preservative used in food products."
The citric acid used in the products is "derived from heavy chemical processing," the suit states.
Consuming this type of citric acid has been associated with joint pain with swelling and stiffness, muscular and stomach pain and shortness of breath, the lawsuit states.
By mislabeling the products, Conagra violated the California Consumers Legal Remedies Act and Unfair Competition laws, the lawsuit alleges.
It seeks an injunction barring the company from continuing to mislabel its products.
"Injunctive relief is necessary to prevent Defendant from continuing to engage in the unfair, fraudulent, and/or unlawful conduct
described herein and to prevent future harm," the suit says.
It also seeks monetary damages plus legal fees.
The lawsuit was originally filed in Alameda County Superior Court, but was removed to federal court in the U.S. District Court for the Northern District of California on Nov. 13.
The plaintiffs are represented by attorneys Zachary M. Crosner, Michael T. Houchin and Craig W. Straub, of Crosner Legal PC, of Beverly Hills.
Pelayo v. Conagra Brands Inc., Alameda County Superior Court, 3:23-cv-05833