Krazy Glue Class Action Lawsuit. Elmer’s Products Inc. faces allegations of consumer fraud in a class action lawsuit that got filed in connection with one of its products – Krazy Glue. The suit is based on claims by consumers who feel that they got deceived by the product’s packaging, which led them to believe that they were buying more Krazy Glue than they received. The Krazy Glue class action lawsuit proposes three classes of plaintiffs: a nationwide class that includes consumers who purchased a .07-ounce tube of Krazy Glue in a .37-ounce outer container; a California sub-class of California residents who bought that same product; and a subclass seeking relief under the California Consumer Legal Remedies Act.
Lawsuits by consumers who claim they got less than they thought they were paying for are not a new thing. Consumers have brought many slack fill lawsuits involving all different types of products. Slack fill is a term used to describe the volume of product that a package contains in comparison to the size of the container holding the product.The Krazy Glue slack fill lawsuit alleges that Elmer’s Products Inc. got unjustly enriched because they sold consumers less glue than the consumers thought they were buying. Details of the complaint filed in the lawsuit include a statement that the big, opaque package does not let consumers see the “tiny tube of glue” inside it. The complaint also states that the box is over five times as big as the tube of glue it contains. According to the complaint, the package is deceiving because consumers cannot see or feel the tube of glue in the box, so they are likely to believe, because of the size of the package, that they are buying more glue than the package contains.
The initial plaintiff in the Krazy Glue class action lawsuit purchased Krazy Glue at a True Value hardware store in Los Angeles. He thought he was buying an amount of glue equivalent to the size of the opaque “Stay Fresh” container, instead of the small tube of glue that was inside that container. The consumer claims he could not see inside the opaque container to see how much glue he was buying and that he would not have bought that package of Krazy Glue, or would not have bought it at the price he paid for it, had he known how much glue it contained.
Lawsuits must contain a valid claim for which relief can get granted. The Krazy Glue slack fill lawsuit has its basis in the definition of slack fill found in the state laws of California. California state law defines slack fill as “the empty space in a package that is filled to substantially less than its capacity.” Under the law, product packaging shall not be slack filled unless there is a reason for doing so. The lawsuit claims that no legally recognizable exception to the slack fill rule exists in the Krazy Glue case because the oversized container does not provide additional protection to its contents nor does it have any significant value in and of itself. If either of those conditions existed, it could justify the discrepancy between the size of the tube of glue inside the package and the size of the package.
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