Krazy Glue Packaging is Misleading, Class Action Alleges
A consumer fraud class action lawsuit has been filed against Elmer’s Products Inc. alleging that its Krazy Glue packaging is misleading. The suit alleges that the packaging, which is large and opaque, deceives consumers into believing that the product contains more glue than it actually does. The lawsuit was filed in the Superior Court of the state of California for the County of Los Angeles.
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.
The complaint alleges that Elmer’s Krazy Glue contains “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 Krazy Glue class action lawsuit specifically alleges that the packaging is more than five times larger than the tube of glue itself. Since the packaging is opaque, the consumer cannot see through it and observe the “tiny tube of glue” inside.
“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,” according to the complaint.
The lawsuit was filed by a plaintiff who purchased Krazy Glue at a True Value hardware store in Los Angeles. He alleges that, when he bought the product in its “Stay Fresh” container, he believed the container reflected the amount of actual glue inside. He was unable to see the actual size of the glue product because the container is not transparent, the suit states.
The plaintiff alleges that he would not have purchased the product if he were aware of its actual size. The complaint states, “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,”
California state law defines slack-fill as “the empty space in a package that is filled to substantially less than its capacity,” The use of this non-functional space misleads consumers into believing that they get more glue than is actually present in the product, the lawsuit alleges.
The suit alleges that the container does not have any function; specifically, it does not protect the contents of the product or have any significant value. The container does not have any labeling information that cannot also be located on the tube of glue itself. According to the lawsuit, state business law safe harbor protections do not apply to the size and slack fill of the Krazy Glue container.
“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,” the complaint states. “As a result, [Elmer’s] has realized sizeable profits.”
The lawsuit proposes to represent three classes: individuals who purchased a 0.07-ounce tube of Krazy Glue in a 0.37-ounce outer container, a California subclass and a Consumer Legal Remedies Act California subclass.
Consumer Fraud Class Action Litigation
Consumer fraud class action lawsuits are filed when businesses allegedly engage in unfair and illegal business practices. Oftentimes, these lawsuits are filed on behalf of consumers who were allegedly deceived because of these practices. For example, a consumer fraud class action lawsuit might be filed if a product’s label contains untrue or misleading information. Other examples include bait and switch marketing, phony disclosure and charging for services never rendered.
In a class action lawsuit, numerous plaintiffs are represented by one complaint against a common defendant. The plaintiff class alleges that they were wronged by the same defendant in the same way.
Parker Waichman notes that a number of consumer fraud class action litigations are underway in the United States. In fact, court records show that Johnson & Johnson recently agreed to pay $5 million to settle a consumer fraud class action lawsuit regarding its bedtime bath products. The company was accused of false advertising because it claims that these products are “clinically proven” to help babies sleep better, when plaintiffs allege that there is no real basis for these claims.
The lawsuit states that plaintiffs paid extra for J&J’s bedtime bath products because of their marketing claims. The class action included the following products: JOHNSON’S® BEDTIME® Baby Bath, JOHNSON’S® BEDTIME® Baby Lotion, JOHNSON’S® BEDTIME® Baby Moisture Wash, JOHNSON’S® Baby BEDTIME® Washcloths, and JOHNSON’S® BEDTIME® Baby Bubble Bath & Wash.
Similarly, a class action lawsuit was filed against Herb Thyme Farms, Inc. over alleged mislabeling. Plaintiffs allege that the company labels its food products as “organic”, when they are grown conventionally. The suit was upheld by a California Supreme Court.
A proposed class action lawsuit was filed against CVS over its CVS Flu Relief, marketed to treat fever, aches, pains and chills. The labeling states that it contains Anas Barbariae, an ingredient made of duck hearts and liver. The product is marketed as a homeopathic flu remedy. The complaint alleges that Anas Barbariae is diluted so extensively that the end product is essentially a sugar pill. The plaintiffs allege that the product is made by taking a one percent solution of Anas Barbariae and diluting it with 99 percent distilled water; one percent of this mixture is then diluted again 99 percent distilled water. According to the complaint, the process is repeated 200 times.
“Based upon basic principles of chemistry, the possibility of there being even one molecule of the original Anas Barbariae in one of the Defendant’s product, let alone all of the doses it has sold and will sell during the class period, is a number beyond the known physical realm,” the complaint states.
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).