Chef Boyardee Lawsuit Claims Beef Ravioli, Lasagna Falsely Advertised as Containing ‘No Preservatives’
Pelayo v. Conagra Brands, Inc.
Filed: November 13, 2023 ◆§ 3:23-cv-05833
A proposed class action lawsuit alleges certain Chef Boyardee products have been falsely advertised as made with “no preservatives.”
California
A proposed class action lawsuit alleges certain Chef Boyardee products have been falsely advertised as made with “no preservatives.”
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The 25-page complaint says that although manufacturer Conagra Brands has labeled Chef Boyardee Beef Ravioli in Pasta Sauce, Mini Ravioli Beef Ravioli in Pasta Sauce, Overstuffed Beef Ravioli in Pasta Sauce, Beefaroni Pasta in Tomato and Meat Sauce, and Lasagna Pasta in Tomato Sauce Seasoned with Hearty Meat as containing “no preservatives,” each product, in truth, is made with citric acid, a synthetic preservative commonly used in food products.
Even when present at low levels, citric acid acts as a preservative by delaying bacterial spoilage and changes in color, flavor and texture of a food, the suit stresses.
According to the lawsuit, commercial food manufacturers such as Conagra Brands use a form of citric acid derived from “heavy chemical processing,” which predominantly involves microbial fermentation with a genetically modified variety of black mold that is fed into a form of corn syrup. The filing says that consumption of synthetic citric acid has been associated with joint pain, muscular and stomach pain, shortness of breath and other health conditions.
The Food and Drug Administration defines a preservative as any chemical that, when added to food, “tends to prevent or retard deterioration thereof,” with the exception of salt, sugars, vinegars, spices, oils extracted from spices, substances added to food from wood smoke, and chemicals applied as insecticides or herbicides, the suit relays.
The filing says that consumers have relied on the Chef Boyardee “no preservatives” claim in deciding whether to buy the products at issue. Buyers have suffered an “economic injury” as a result of Conagra’s false labeling, the suit alleges.
“Consumers, including Plaintiff, would not have purchased Defendant’s Products, or would have paid less for the Products, if they had known the Products actually contain a preservative ingredient,” the lawsuit contends.
The case looks to cover all consumers who bought any of the Chef Boyardee products listed on this page for personal use in California within the applicable statute of limitations period and until the date notice is sent out to proposed class members.
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