Aleta Lilly v. ConAgra Foods Inc.
Published: Oct. 11, 2014 | Result Date: Sep. 19, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:12cv225 Settlement – Relabeling
Facts
Aleta Lilly brought a class action against ConAgra Foods Inc. in relation to one of its products, David Sunflower Seeds.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant mislabeled certain of its sunflower seed products by understating the total sodium content in the nutrition facts panel. Plaintiff alleged that defendant only stated the sodium content for the kernels, but not for the shells' coating or, on some packages, only stated the sodium content for the shells' coating somewhere outside the nutrition facts panel.
DEFENDANT'S CONTENTIONS:
Defendant denied the allegations of plaintiff's claims.
Result
The parties reached a settlement and agreed to a stipulated injunction. Defendant agreed to relabel its sunflower seed products to state the total sodium content of both kernels and the shells' coating and further agreed not to place such sodium content outside the Nutrition Facts Panel. Defendant further agreed to relabel the sodium content in the Nutrition Facts Panels on its website. Defendant agreed that this relabeling would take place by Jan. 31, 2015. Defendant further agreed to pay $550,000 for plaintiff's attorney fees and costs and a $5,000 incentive award to Lilly. The court granted preliminary approval of class action settlement. According to the defense, the new labels will not be complete by Jan. 31, 2015, instead, defendant agreed not to print any of the old labels after that date.
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