Class Action Lawsuit Filed over Raisinets Slack-Fill PackagingFeb 23, 2017
Class Action Lawsuit Alleges Raisinets Boxes are Underfilled
A consumer fraud class action lawsuit has been filed over Raisinets packaging. The complaint, filed in California, alleges that Nestle underfills its boxes of Raisinets candies. This so-called "slack-fill" allegedly deceives consumers into thinking that they receive more candy than they actually do, the plaintiff contends.
The product liability attorneys at Parker Waichman LLP have decades of experience representing consumers in class action lawsuits. The firm continues to offer free legal consultations to individuals with questions about filing a consumer fraud class action lawsuit.
According to court records, the consumer fraud class action lawsuit was filed in the U.S. District Court for the Central District of California. The plaintiff is a California woman who alleges that Nestle USA Inc. misleads consumers into thinking they will receive a full box of chocolate-covered raisins when in fact, the boxes are only 60 percent full. The suit states that the boxes contain slack-fill, defined by the U.S. Food and Drug Administration (FDA) as "the difference between the actual capacity of a container and the volume of product actually contained therein."
The plaintiff alleges that Nestle purposely underfills its Raisinets boxes "to reduce its food product costs to the detriment of unwitting customers, who are not receiving the full benefit of their bargain," according to the complaint.
The suit also points out that consumers cannot see how full the box is, because the packaging is opaque. "Unbeknownst to consumers, who cannot see the contents inside the products' packaging at the time of purchase, approximately 40 percent each [Raisinets'] packaging is non-functional slack-fill, empty space which serves no functional purpose under the law," according to the lawsuit.
The plaintiff alleges that the use of slack-fill in Raisinets packaging violates California's false advertising and unfair competition laws. The class action complaint seeks to represent the plaintiff as well as other consumers who allege that their Raisinets boxes were underfilled. The lawsuit wants plaintiffs to be compensated for these allegedly deceptive practices.
According to the complaint, the plaintiff allegedly would not have purchased the Raisinets if she knew that the boxes were underfilled.
Slack-Fill Class Action Lawsuit Filed over Elmer's Krazy Glue
Another consumer fraud class action lawsuit was also recently filed over alleged slack-fill packaging in California. A complaint filed in the Superior Court of the state of California for the County of Los Angeles alleges that Elmer's Krazy Glue packaging deceives consumers because the container of actual glue is much smaller than the outer container.
Under California state law, slack-fill is "the empty space in a package that is filled to substantially less than its capacity,"
Specifically, the class action complaint alleges that the outer packaging is five times larger than the tube of glue being purchased. The complaint states that consumers cannot see the "tiny tube of glue" inside because the packaging is opaque. "This packaging prevents the consumer from directly seeing or handling the product and leads the reasonable consumer to believe that the package contains significantly more product than it actually does," the suit states.
The plaintiff in the consumer fraud class action lawsuit alleges that he would not have purchased the Krazy Glue if he were aware of its actual size. "If plaintiff had known at the time of purchase the actual size of the tube of product contained in the packaging, he would not have purchased the Krazy Glue or paid less for it," the lawsuit states.
"The use of non-functional slack-fill allows [Elmer's] to lower their costs by duping customers into thinking they are getting a better bargain than they actually receive," according to the complaint. "As a result, [Elmer's] has realized sizeable profits."
What is a Consumer Fraud Class Action Lawsuit?
A consumer fraud class action lawsuit alleges that a company engaged in fraudulent, deceitful, or unfair business practices. Consumers may sue a company for allegedly mislabeling its products, for example. In the class action lawsuits mentioned previously, plaintiffs allege that companies misled consumers through slack-fill packaging.
A class action lawsuit is one lawsuit representing multiple plaintiffs. The complaint is filed against a common defendant. The group of plaintiffs, known as the plaintiff class, allege being wronged by the defendant in a similar manner. All class members are represented by a class action complaint, whether they realize it or not.
Filing a Consumer Fraud Class Action Lawsuit
If you or someone you know is interested in filing a consumer fraud class action lawsuit, contact Parker Waichman today. Our experienced product liability attorneys offer free, no-obligation case evaluations. For more information, fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529).