Court Dismisses Conagra Wesson Oil Lawsuit
A Massachusetts federal court has dismissed a putative class action against Conagra Brands that alleged the company’s Wesson cooking oil was not “100% natural” because it is extracted from grains grown from genetically modified organisms (GMOs), ruling the plaintiff had failed to state a claim upon which relief could be granted. Lee v. Conagra Brands, Inc., No. 17-11042 (D. Mass., entered October 25, 2017). Taking judicial notice of U.S. Food and Drug Administration (FDA) guidance, the court noted that the agency has “not attempted to restrict the use of the term ‘natural’ except for added color, synthetic substances, and flavors.” In addition, the court held that according to FDA guidance, Conagra is not required to disclose on its labels the use of GMO plants.
The plaintiff alleged a single count for deceptive business practices, but the court ruled that because the label conformed to FDA guidelines, it was not “unfair or deceptive as a matter of law.” The court also noted, “For what it is worth, humans have been genetically altering organisms for our use for at least 30,000 years.”
The U.S. Supreme Court previously declined to review a similar case against Conagra regarding Wesson’s “100% natural” label claims.
