Axe and Sledge Powder Products Excessive Slack Fill Class Action

Axe and Sledge Supplements, Inc. makes powder products that come in opaque containers. The complaint for this class action alleges that these containers mislead consumers, because they contain too much nonfunctional slack fill, or empty space.

The Nationwide Class is all residents of the US who, within the applicable statute of limitations period, bought the products for purposes other than resale. A California Subclass has also been defined for members of the above class who are residents of California and who bought the product between October 28, 2018 and October 28, 2022.

The products at issue include the following Axe and Sledge powder products sold in opaque containers:

• Axe And Sledge Farm Fed Grass Fed Whey Protein Isolate (Banana Split Ice Cream)
• Axe And Sledge Farm Fed Grass Fed Whey Protein Isolate (Strawberry Ice Cream)
• Axe And Sledge Farm Fed Grass Fed Whey Protein Isolate (Glazed Donut)
• Axe And Sledge Farm Fed Grass Fed Whey Protein Isolate (Vanilla Milkshake)
• Axe And Sledge Farm Fed Grass Fed Whey Protein Isolate (Chocolate Milkshake)
• Axe And Sledge Farm Fed Grass Fed Whey Protein Isolate (Salted Caramel)
• Axe And Sledge Home Made Meal Replacement with Real Whole Foods (Chocolate Brownie)
• Axe And Sledge Home Made Meal Replacement with Real Whole Foods (Peanut Butter Cookie)
• Axe And Sledge Home Made Meal Replacement with Real Whole Foods (Sweet Potato Pie)
• Axe And Sledge Home Made Meal Replacement with Real Whole Foods (Blueberry Muffin)
• Axe And Sledge Home Made Meal Replacement with Real Whole Foods (Lemon Cream Pie)

According to the complaint, the size of the containers lead consumers to believe they contain more product than they do. The complaint alleges that “in reality, what [a consumer] actually receives is about 43% less than what is represented by the size of the container. Almost half the container is empty.”

The complaint quotes the Code of Federal Regulations as saying that “a food shall be deemed to be misbranded if its container is so made, formed, or filled as to be misleading” and an opaque container “shall be considered to be filled as to be misleading if it contains nonfunctional slack-fill.”

In a number of instances, the complaint says, slack fill can be deemed to have a purpose. The complaint lays out six conditions that are exceptions to the slack fill prohibition:

• Protection of the contents.
• Requirements of the machines used for packaging.
• Settling during shipping and handling.
• Necessity for the specific function of the package.
• Container is reusable.
• Inability to increase fill or decrease container size, for example to discourage pilfering.

According to the complaint, none of these exceptions apply to the Axe and Sledge powder products and the empty space fulfills no real function.

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Excessive Slack Fill, Intentional Misrepresentation