ERIN ALLEN, et al. v. CONAGRA FOODS, INC.

Case No. 3:13-cv-01279-WHO

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Frequently Asked Questions

  1. How Do I Know If I Am Affected By The Case?

    The Court has certified a class of: “All class members who purchased the product in California or Hawaii at any time from January 1, 2008 to the present.” If you are a member of the class, you will be bound by the judgment in this case, unless you request to be excluded.

  2. What Is The Lawsuit About?

    A lawsuit was brought against Conagra. The plaintiff in the suit claims that Conagra mislabels its Parkay Spray sold in California and Hawaii as “0 g Fat [Per Serving],” “0 Calories [Per Serving],” and as having an improperly small serving size of “1 spray [for cooking spray]” and “5 sprays [for topping]” in violation of controlling FDA regulations.

    Plaintiff contends that the challenged claims caused Parkay Spray to sell at a higher market price (a “premium”) than it would have without them. Plaintiff seeks a refund of the alleged premiums to all California purchasers during the time periods stated above. Plaintiff also seeks an injunction preventing Conagra from selling its product using the challenged claims in California or Hawaii.

    Conagra contends that its Parkay Spray products are, and always have been, properly labeled. It also denies that there was any “premium” price attributable to the labelling claims.

    The Court has not determined whether plaintiff or Conagra is correct.

  3. How Will This Affect Me?

    As a member of the class, you will bound by the final judgment in the case. If plaintiff succeeds in obtaining money for your class, you will receive further notice about how to obtain your share of the money, if any. If plaintiff loses the case, you will not be able to bring or join a separate lawsuit against Conagra for the same issue. If you do not wish to remain in the class, you must exclude yourself as explained in this notice.

  4. How Do I Make A Claim For Money?

    Plaintiff has only sought monetary relief for the California class. No money has yet been awarded. You will receive further notice and instructions if there is a settlement or judgment that awards money to your class.

  5. What Will Happen Next In the Case?

    The case is set for trial on November 2, 2020 in U.S. District court in San Francisco. The parties may seek to have the case decided by the Court before trial. If there is a settlement that affects your rights, additional notice will be distributed.

  6. How Do I Exclude Myself From The Case?

    If you want to be able to sue Conagra separately for the claims being litigated as described above, you must exclude yourself. If you exclude yourself, you cannot share in any money that may be awarded to the class.

    To exclude yourself, you must complete and submit the online form here or mail a request to exclude yourself to the notice administrator at:

    Zero Calorie Litigation Notice Administrator
    Attn: Exclusions
    P.O. Box 58220
    Philadelphia, PA 19102

    If mailed, the exclusion request must contain your name, address, the words “I wish to be excluded from the Parkay Spray Class Action,” and your signature.

    Exclusion requests must be made or postmarked by June 4, 2020.

  7. How Do I Get More Information?

    You can contact plaintiff’s counsel, Gutride Safier LLP, at

    Website: https://www.gutridesafier.com/cases/Parkay Spray Margarine/65

    By Mail: Gutride Safier
    100 Pine Street, Suite 1250
    San Francisco, CA 94111

    By Phone: 415-639-9090

    By Email: info@gutridesafier.com

    Or you can Contact the Notice Administrator at:

    Zero Calorie Litigation Notice Administrator
    P.O. Box 58220
    Philadelphia, PA 19102

    PHONE: 844-913-0858

    EMAIL: info@zerocalorielitigation.com

    Other papers filed in this lawsuit are available through PACER, the online service for the United States District Courts, at ecf.cacd.uscourts.gov. Alternatively you may visit the office of the Clerk of the Court for the United States District Court for the Northern District of California, 450 Golden Gate Ave, San Francisco, CA from 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.

Please do not write to or call the Court for information or advice.