This class action suit alleges Unilever engaged in deceptive business practices in the packaging of several personal care deodorant products in violation of the Federal Food, Drug and Cosmetic Act and state consumer laws.
Unilever United States, Inc. markets, sells and distributes various personal products, including “Degree Dry Protection” (Degree) and “Axe Gold Temptation” (Axe) anti-perspirants and deodorants (“Products”). Degree is available in Clean, Cool Comfort, Extreme Blast, Power and Sport scents. Axe is a line of anti-perspirants and deodorants available as deodorant and anti-perspirant and deodorant sticks. Unilever sells the Products at supermarket chains, convenience stores and major retail outlets nationwide, including CVS, Costco, Target, Wal-Mart, Walgreens and Rite Aid.
The complaint alleges that the actual 2.7 ounce deodorant sticks, which are approximately 2 1/2” wide and 3” long, are sold in a container that is approximately 5 ¾“ high and 2 ¾” wide. The size of the container is alleged to have almost 3” of non-functional slack fill, or 48% of slack-fill, designed to give the false impression that there is more Product than is actually in the container, in violation of the Federal Food, Drug and Cosmetic Act (FDCA) and the New York General Business Code. Federal regulations describe a product to be “misbranded” if “a container is so made, formed or filled as to be misleading.” “Non-functional slack-fill” is defined as the empty space in a package that is filled to less than capacity for reasons other than authorized by FDCA regulations. The complaint alleges that the packaging of the Unilever Products are intended to make it appear to the reasonable consumer that the consumer is buying more that what is actually being sold.
New York resident Timba Bimont purchased numerous Axe and Degree Products. Bimont filed suit against Unilever in United States District Court Southern District of New York on September 24, 2014, on behalf of himself and others, alleging Unilever engaged in deceptive and otherwise improper business practices in the packaging of the Products. Unilever is claimed to have routinely employed slack-filled packaging containing non-functional slack-fill to mislead customers into believing they were receiving more than was actually included in the package. The complaint alleges purchasers viewed the misleading Product packaging, reasonably relied on the representations by Unilever, and were deceived into purchasing the Products for a premium price.
The complaint references the deceptive and unfair practices and/or consumer protection laws in New York and all other states that provide the same protections as the FDCA and alleges Unilever was unjustly enriched by the deceptive sales of its Products nationwide. The suit seeks class action certification, damages, attorney fees and an injunction requiring repackaging of the Products.
Article Type: Lawsuit
Topic: Consumer
Most Recent Case Event
Consumer alleges AXE & DEGREE deodorants are deceptively packaged
September 24, 2014
Here is the complaint. It goes into some detail about the law relating to "slack fill" and what types of packaging might violate state consumer protection laws.
axe_slack_fill_complaint.pdfCase Event History
Consumer alleges AXE & DEGREE deodorants are deceptively packaged
September 24, 2014
Here is the complaint. It goes into some detail about the law relating to "slack fill" and what types of packaging might violate state consumer protection laws.
axe_slack_fill_complaint.pdf