March 25 (Reuters) - A federal judge on Monday said

ConAgra Brands ( CAG ) must face a lawsuit claiming it misled

U.S. consumers into believing that nine Mrs. Paul's and Van de

Kamp's fish products were sustainably sourced.

U.S. District Judge Virginia Kendall in Chicago rejected

ConAgra's argument that the phrase "Good for the Environment" on

packaging was "puffery," meaning an overstatement or

exaggeration that could not support the proposed class action.

Consumers alleged that ConAgra sourced pollock in the Bering

Sea from Russian fisheries that used huge nets - sometimes

larger than two American football fields - to catch fish, and

indiscriminately trapped and killed endangered fish species.

They said this rendered "meaningless" ConAgra's claim on

packaging that the nonprofit Marine Stewardship Council (MSC)

had certified the fisheries as sustainable.

The consumers said they would not have bought or would have

paid less for ConAgra's fish products had they known the truth,

and sought unspecified damages for a nationwide class.

Other fish producers including privately-held Bumble Bee

Foods have faced similar lawsuits.

In a 25-page decision, Kendall said it was an open question

whether ConAgra's packaging misled reasonable consumers.

She highlighted the Chicago-based company's use on packaging

of blue stamps to reflect the MSC certification, and an

affirmation that its fish was "certified sustainably sourced."

The judge also said the Federal Trade Commission has warned

companies not to make environmental claims that might appear

unfair or deceptive.

"'Good for the Environment' impresses on consumers that the

fish was caught in an environmentally friendly manner," Kendall

wrote. "Consumers have no obligation to question the labels they

see on the packaging or parse through its language to determine

how 'Good for the Environment' should be interpreted."

ConAgra declined to comment, saying it does not discuss

pending litigation. Lawyers for the consumers did not

immediately respond to requests for comment.

The nine ConAgra products are Mrs. Paul's Crispy Battered

Fillets, Crunchy Breaded Fillets, Fish Sticks, Fish Fingers and

Beer Battered Fillets; and Van de Kamp's Crispy Battered

Fillets, Crunchy Breaded Fillets, Fish Sticks and Beer Battered

Fillets.

The case is Bohen et al v ConAgra Brands Inc ( CAG ), U.S. District

Court, Northern District of Illinois, No. 23-01298.