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ConAgra Foods Inc. has agreed to a $3 million class action settlement resolving claims it falsely advertised certain Wesson oil products as “natural.”
The class comprises all natural persons living in one of 11 states who purchased Wesson oil products in that state for personal, noncommercial use. The class period for each of the states is as follows:
- California: June 28, 2007, through July 1, 2017
- Colorado: Jan. 12, 2009, through July 1, 2017
- Florida: Jan. 12, 2008, through July 1, 2017
- Illinois: Jan. 12, 2007, through July 1, 2017
- Indiana: Jan. 12, 2006, through July 1, 2017
- Nebraska: Jan. 12, 2008, through July 1, 2017
- New York: Jan. 12, 2008, through July 1, 2017
- Ohio: Jan. 12, 2010, through July 1, 2017
- Oregon: Jan. 12, 2006, through July 1, 2017
- South Dakota: Jan. 12, 2006, through July 1, 2017
- Texas: Jan. 12, 2010, through July 1, 2017
The Wesson cooking oil products covered by the settlement are Wesson Vegetable Oil, Wesson Canola Oil, Wesson Corn Oil and Wesson Best Blend, all of which were marketed and sold as being “natural” during the applicable class periods.
David Wesson introduced his process for creating vegetable oil in 1880, and the Wesson Oil Co. was founded in 1899, according to the company’s website. Richardson International acquired Wesson in 2019.
Plaintiffs in a class action lawsuit alleged ConAgra acted illegally in marketing and selling Wesson oils made from genetically modified ingredients (GMOs) as “natural.”
Under the terms of the Wesson oil settlement agreement, class members can receive a cash payment after administrative costs and other expenses are deducted from the settlement fund.
Class members who submit a valid and timely claim form may receive $0.15 per unit of Wesson oil products purchased during the applicable class period in their state.
If the total value of all claims exceeds or falls short of the available funds, the payment amounts could be adjusted up or down on a proportional basis.
Of the settlement fund, $575,000 will be allocated only to members of the New York and Oregon classes who submit claim forms or are identified for direct distribution. The additional payment amounts for New York and Oregon class members will be adjusted pro rata, depending on the number of claims and direct distributions.
Those who wish to exclude themselves from or object to the settlement must do so no later than March 22, 2023.
The final fairness hearing in the Wesson oil settlement is scheduled for April 24, 2023.
The deadline to submit a claim form is May 22, 2023.
