Class Action Claims Orville Redenbacher ‘Naturals’ Microwave Popcorn Label Is False, Misleading

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ConAgra Brands faces a proposed class action that claims its Orville Redenbacher “Naturals” microwave popcorn is mislabeled as “natural” and falsely touted as made with only real ingredients.

The 12-page case contends that the popcorn is misrepresented as “[n]atural” and containing “Only Real Ingredients” given that the snack includes mixed tocopherols, which are used as chemical preservatives and considered synthetic under federal and state regulations.

According to the U.S. Department of Agriculture, an ingredient is considered synthetic and not “real” if it is “manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources.” Although tocopherols are naturally found as compounds in leafy green vegetables, the tocopherols used in ConAgra’s popcorn are extracted from vegetable oils through several chemical processes, including solvent extraction, acid hydrolysis and chemical bleaching, the filing claims. The suit also contends that non-natural, harsh and potentially toxic solvents, such as hexane, which is listed at “[h]armful or fatal if swallowed” by the EPA, are used to extract tocopherols from vegetable oils.

“Many oils used in the production of tocopherols are obtained from crops which are grown with genetically modified organisms (‘GMOs’),” the complaint says. “GMOs are not considered natural or ‘real’ because they involve selecting characteristics of crops in a laboratory instead of through nature, like dispersion of seeds through wind and cross-pollination.”

The lawsuit moreover argues that tocopherols are not natural given that they are reportedly linked to skin problems and an increased risk of prostate cancer.

Per the complaint, consumers value foods that are “healthier, less processed, not exposed to additives, and less harmful to the environment,” and are willing to pay more for products made with natural, real ingredients. Conagra’s misleading representations have allowed it to sell the popcorn at a higher price that does not reflect its value, the filing alleges.

The lawsuit looks to represent anyone in Illinois, North Dakota, North Carolina, Kentucky, Utah, Kansas, Idaho, Alaska, Virginia, West Virginia or Wyoming who purchased ConAgra’s Orville Redenbacher “Naturals” microwave popcorn during the applicable statute of limitations period.

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