Angie’s “Real, Simple” BoomChickaPop Contain PFAS Class Action

The packaging for Angie’s BoomChickaPop, a microwavable popcorn made by Conagra Brands, Inc., says on the front that it contains “Only Real, Simple Ingredients,” “Ingredients Sourced from Nature,” and “Nothing Fake.” But the complaint for this class action alleges that the products contain per- and polyfluoroalkyl substances (PFAS), chemicals that are harmful to humans.

Two classes have been defined for this action:

The Nationwide Class is all persons who bought the products in the US, for personal use and not for resale, during the fullest period allowed by law and the applicable statute of limitations until the date the Notice is disseminated in this case.

The Multi-State Consumer Protection Class is all persons who bought the products in California, Florida, Illinois, New York, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, Washington, or any state with similar laws, for personal use and not for resale, during the applicable statute of limitations until the date the Notice is disseminated in this case.

Page 2 of the complaint shows the package of popcorn. The complaint alleges, “Conagra intentionally uses the words ‘simple,’ ‘nature,’ and ‘real’ to describe the source of its Products’ ingredients.” It claims, “Reasonable consumers, therefore, fairly and reasonably understand that a product marketed [this way] … would not contain human-made chemicals, let alone human-made chemicals known to be harmful.”

Page 10 shows an ad for the popcorn, with a line at the top saying, “Microwave popcorn made with just the good stuff. Nothing fake.”

According to the complaint, “Conagra admits that it purposefully designs its product labeling as ‘simple enhancements’ designed to entice health-conscious consumers by helping them ‘make better-informed food choices to improve their diet and health.’” The boxes also feature a “Free From” panel, showing what they do not contain, including such promises as “Gluten Free” and “No High-Fructose Corn Syrup” and “No Preservatives.”

But the complaint alleges that “the Products actually contain significant levels of PFAS chemicals—a category of human-made chemicals with a toxic, persistent, and bioaccumulative nature which are associate with numerous health concerns.” These include increased infertility, developmental delays in children, higher risks of cancer, damage to the liver, asthma and thyroid problems, effects on the immune system, interference with hormones, and higher cholesterol levels.

PFAS are often used in packaging, the complaint alleges, because they can make it more resistant to water and grease and increase the packaging materials’ non-stick properties. But the complaint alleges that the PFAS migrate into the food. According to the complaint, “microwave popcorn bags have among the highest concentrations of PFAS chemical migration” into the food they contain.

The complaint claims that the plaintiff in this case had the products independently tested to determine whether they contain PFAS by determining how much organic fluorine they contain, which the complaint calls “a widely accepted method of determining whether a sample contains” any of the 12,000 difference kinds of PFAS. The testing found that 51 parts per million (ppm) or organic fluorine in the products.

Article Type: Lawsuit
Topic: Consumer
Tags: Contains synthetic ingredients, Contaminated with Harmful Substances, Deceptive Advertising, Deceptive Labels, PFAS