Gillette Underfilled Shaving Gel and Defective Dispenser Class Action

The complaint for this class action alleges that a certain Proctor & Gamble shave gel has excessive empty space in its container, deceiving consumers about how much product they’re getting. But it also claims that the design of the dispenser is defective, so that consumers get even less out of the can than they purchased.

The class for this action is all persons who bought Gillette Fusion ProGlide Sensitive 2-in-1 Shave Gel for use during the applicable statute of limitations.

The product comes in a can that is about eight inches high by two inches wide. The complaint claims that the product is said to weigh 6 ounces and releases about 3.3 ounces of gel, which it says adds up to nearly 2.7 ounces, or 45% of the volume, of slack fill.

The complaint says that this deceives consumers about the amount of gel they are actually getting, in violation of the federal Food Drug & Cosmetic Act and the California Business and Professions Code. Those laws prohibit companies from underfilling opaque containers, so that consumers believe they are getting more of a product than they are. If containers have significant empty space, there must be a reason for that space, such as the requirements of the machines that enclose the package. In other words, slack fill must have a function.

But that’s not all the complaint alleges. It claims that the can is defectively designed, so that it only allows the consumer to use it a few times before the can stops dispensing. This, the complaint says, results in the consumer getting the use of even less of the product than is in the partly-empty can. According to the complaint, the dispenser sometimes also releases gel on its own, without action by the consumer, which results in even more loss of product. The complaint alleges that the problem is that the company cannot regulate the pressure inside the can.

The complaint claims negligence, negligent misrepresentation, strict product liability, and strict liability for a design defect, in that the company should have known about the excessive slack-fill and the defects of the dispenser design.

It claims breaches of warranty in that consumer could not get the use of the shave gel they purchased. Additional claims include false advertising, unfair business practices, and violation of the Consumers Legal Remedies Act under California law.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Gillette Underfilled Shaving Gel and Defective Dispenser Complaint

August 9, 2018

The complaint for this class action alleges that a certain Proctor & Gamble shave gel has excessive empty space in its container, deceiving consumers about how much product they’re getting. But it also claims that the design of the dispenser is defective, so that consumers get even less out of the can than they purchased. 

gillette_slack_fill_complaint.pdf

Case Event History

Gillette Underfilled Shaving Gel and Defective Dispenser Complaint

August 9, 2018

The complaint for this class action alleges that a certain Proctor & Gamble shave gel has excessive empty space in its container, deceiving consumers about how much product they’re getting. But it also claims that the design of the dispenser is defective, so that consumers get even less out of the can than they purchased. 

gillette_slack_fill_complaint.pdf
Tags: Container or Dispenser, Deceptive Advertising, Deceptive Packaging, Excessive Slack Fill