Gourmet food gift maker Harry & David LLC is facing a consumer fraud class action lawsuit. According to the lawsuit, the company underfills its popcorn tins. If true, this is a violation of the Federal Food, Drug, and Cosmetic Act.
Lead plaintiff Bria Brown filed the lawsuit in New York federal court. Allegedly, Moose Munch gourmet popcorn boxes contain too much empty space. It is also called “nonfunctional slack fill.” This is actually an example of fraudulent advertising and packaging because, this way, the company tricks consumers into believing they are getting full boxes of popcorn. It turns out; people pay for something they expect to be a full box, while they receive only a portion of what they pay for.
According to Bria Brown, she bought a 10-ounce package of milk chocolate-flavored gourmet popcorn for $7.99. She made the purchase at a Macy’s retail store in New York. She had thought that the opaque cylindrical cardboard box contained as much of the product as its functional capacity could allow.
However, after she had opened the package, she found out that the company packages its products in transparent plastic pouches. These pouches in their turn are placed in a non-transparent box. According to the complaint, Harry & David LLC does this to deprive the buyer of the benefit of their purchase.
Moreover, according to Brown, when she opened the box, she learned that it contained only half of what there should be. So, the class action states that the plaintiff and other class members were tricked by the packaging and thus decided to buy the products. However, the packaging misrepresented the quantity of popcorn contained in the box.
The complaint concludes that while some of the company’s slack fill might have a few functional justifications, it still exceeds the necessary amount. As a proof, the suit brings the example of other gourmet popcorn products which have smaller slack fill.
Note that C.K. Lee and Anne Seelig of Lee Litigation Group PLLC. The case is Bria Brown v. Harry & David LLC are representing the plaintiff.
Do you think you need legal help?
Recently, the maker of Krazy Glue was facing a similar class action lawsuit. The plaintiff David Spacone was alleging in his complaint that the company’s packaging contains too much slack fill. Let’s wait and see what kind of settlements the courts will offer for both class action lawsuits. If you think, your consumer rights have been violated; it’s a good idea to turn to a lawyer for legal help. Usually, the first consultations are free of charge. Hence, you have nothing to lose.