Nutrabolt Cellucor C4 Pre-Workout Powders Slack Fill Class Action

Some companies like to package their products in huge containers. With sports nutritional products, it sometimes seems like container bulk is supposed to imply the size of muscles you’ll get if you use the product. The complaint for this class action claims that Nutrabolt’s opaque containers for its Cellucor C4 Pre-Workout Powders big containers are left half-empty—a deceptive practice that’s illegal. 

A class and two subclasses have been proposed for this action.

  • The Class is all individuals who bought Cellucor C4 Pre-Workout Powder in the US, in 30- and 60-serving containers or substantially similar packaging, between November 30, 2014 and the certification of the class. 
  • The California Subclass is all individuals in the class who bought the product in California. 
  • The CLRA Subclass is all members of the California Subclass who are “consumers” in the meaning of California Civil Code § 1761(d).

The complaint quotes the California Business and Professions Code as saying, “A container that does not allow the consumer to fully view its contents shall be considered to be filled as to be misleading if it contains nonfunctional slack fill. Slack fill is the difference between the actual capacity of a container and the volume of product contained therein.”

The complaint claims that this applies to the C4 powder, which has about 45% slack fill, or approximately half the container empty. 

Is slack fill ever functional? Yes, and the California code cites fifteen instances in which it may be necessary. For example, these include the following: 

  • Protection of the contents.
  • The requirements of machines that enclose the package.
  • Unavoidable product settling during shipping and handling. 
  • The need for a larger package in order to satisfy legal labeling requirements.
  • Space needed for preparation of the product, such as mixing, adding liquids, or shaking.

However, the complaint claims that the slack fill in the C4 containers does not fulfill any of the functions in these safe-harbor provisions. For example, it does not protect the contents; the contents do not settle during shipping and handling; the container has plenty of room for all required labeling; and the product is not prepared in the container. 

The complaint alleges that the larger size of the containers leads consumers to think they are getting more product than they actually are. It claims the company has violated California’s Consumers Legal Remedies Act and Business and Professions Code, among other things.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Nutrabolt Cellucor C4 Pre-Workout Powders Slack Fill Complaint

November 30, 2018

Some companies like to package their products in huge containers. With sports nutritional products, it sometimes seems like container bulk is supposed to imply the size of muscles you’ll get if you use the product. The complaint for this class action claims that Nutrabolt’s opaque containers for its Cellucor C4 Pre-Workout Powders big containers are left half-empty—a deceptive practice that’s illegal. 

c4_workout_powders_slack_fill_compl.pdf

Case Event History

Nutrabolt Cellucor C4 Pre-Workout Powders Slack Fill Complaint

November 30, 2018

Some companies like to package their products in huge containers. With sports nutritional products, it sometimes seems like container bulk is supposed to imply the size of muscles you’ll get if you use the product. The complaint for this class action claims that Nutrabolt’s opaque containers for its Cellucor C4 Pre-Workout Powders big containers are left half-empty—a deceptive practice that’s illegal. 

c4_workout_powders_slack_fill_compl.pdf
Tags: Deceptive Advertising, Deceptive Packaging, Excessive Slack Fill