Deceptive Packaging

Optimum Nutrition Essential Energy Excessive Slack Fill Class Action

Glanbia Performance Nutrition (Manufacturing), Inc. makes different sizes and varieties of its Optimum Nutrition Essential Energy products. They come in opaque containers, and the complaint for this class action alleges that the cans are underfilled, causing, it says, “unsuspecting consumers across America to pay premium prices for empty space.”  Read more

Junior Mints and Sugar Babies Excessive Slack Fill New Jersey Class Action

“Tootsie [Roll Industries, LLC] manufactures the most popular theater box candy products in the world[,]” says the complaint for this class action on its first page. But, the complaint alleges, sells the candies “in oversized, opaque boxes that” are “half-empty.” In other words, the boxes have too little candy and too much empty space, so  Read more

Kellogg Early-Expiring On-Pack Offers Class Action

Kellogg Company offers annual or semi-annual on-pack promotions, offering free items or services to induce customers to buy its products. But the complaint for this class action alleges that the promotional offers may expire before the product’s expiration date, meaning, it says, that many consumers will not get what they expected.  Read more

Annie’s Bunny Fruit Snacks Too Much Slack Fill New York Class Action

Empty space in a box containing food or other products is called “slack fill.” A number of good reasons exist as to why some slack fill may be needed for effective packaging. But the complaint for this class action brings suit against Annie’s, Inc. alleging that the slack fill in Annie’s Homegrown brand Bunny Fruit  Read more

Ritas Cocktails Incorrect Type of Alcohol New York Class Action

If you buy a product that says on its front label that it’s a “margarita,” you probably assume that it contains tequila. But that’s not true of Anheuser-Busch, LLC’s Lime-A-Rita margarita product, says the complaint for this class action. It alleges that this “margarita” product, along with several other products from the company, is simply  Read more

Mike and Ike and Hot Tamales Underfilled Boxes Settlement

Just Born, Inc. is settling two class actions about two types of its candies, Mike and Ike and Hot Tamales. The complaints alleged that the opaque cardboard boxes in which the candies are packed are underfilled—that is, they contain too much nonfunctional “slack fill,” leading consumers to believe that the boxes contained more candy than  Read more

Trader Joe’s Underfilled Tuna Cans Settlement

Trader Joe’s is settling a class action alleging that it underfilled cans of tuna it sold. The complaint claimed that the cans held less tuna than the marked amount. The company will pay $1.3 million to resolve this lawsuit.  Read more

McCormick Black Pepper Products Slack Fill Settlement

McCormick & Company, Inc. makes black pepper products, among other things, including private-label black pepper for some stores. It has agreed to settle a class action alleging that it raised prices on its black pepper product by putting less pepper in its opaque containers but keeping the price per container the same. The complaint claimed  Read more

Ronzoni Specialty Pasta Excessive Slack Fill California Class Action

This California class action takes up the issue of “slack fill” or too much empty space inside containers of consumer goods. The complaint alleges that Riviana Foods, Inc. and New World Pasta Company, which do business as Ronzoni, leave excessive slack fill in their boxes of specialty pasta. This is particularly deceptive, as the specialty  Read more

Fitbit Device Sleeping Tracking Settlement

A settlement has been reached in a class action against Fitbit, Inc. The complaint alleged that three of the company’s devices—the Fitbit Flex, Fitbit One, and Fitbit Ultra—do not track sleep as claimed on their packaging.   Read more