Tag: slack-fill
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Silverman Analyzes Increase in “Shake the Box” Lawsuits for Law360
Shook, Hardy & Bacon Partner Cary Silverman explains in an April 17, 2017, Law360 article that a six-fold growth in slack-fill lawsuits stems from a “precise template” developed by plaintiffs’ lawyers seeking to pressure companies into outofcourt settlements. “I call them ‘shake the box’ lawsuits,” reports Silverman. “If you can hear the product shake, you’ve…
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California Court Refuses to Dismiss Projected Slack Fill Class Action Against Golden Grain
A California court is allowing to proceed a putative slack-fill class action against Golden Grain Inc., a subsidiary of PepsiCo, Inc. that makes Near East rice and grain products. Arcala v. Golden Grain Co., No. 16-555084 (Cal. Sup. Ct. San Francisco Cty., order entered April 5, 2017). The plaintiffs allege that Golden Grain’s couscous, rice…
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Plaintiffs Claim Wise Foods Underfilled Potato Chip Bags
Wise Foods, Inc. is facing a projected class action claiming the company’s potato chip bags have more than double the amount of slack fill as its major competitors’ bags. Alce v. Wise Foods, Inc., No. 17-2402 (S.D.N.Y., filed April 3, 2017). The plaintiffs claim that bags of 21 varieties of Wise’s Potato Chips, Kettle Cooked…
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Rockstar Underfilled Coffee Drink Cans, Plaintiff Alleges
Energy-drink company Rockstar faces a putative class action alleging the company underfilled cans of its coffee drinks, giving the company an unfair competitive advantage and shortchanging consumers. Podawiltz v. Rockstar, Inc., No. 17-0477 (D. Ore., filed March 26, 2017). The plaintiff claims he bought several cans of Rockstar’s coffee drinks labeled “15 fl oz [473…
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Just Born Faces Second Class Action over Movie Box Candy Slack-Fill Allegations
Just Born, Inc. is facing a putative class action alleging its boxes of candy are underfilled by 35 percent. Escobar v. Just Born, Inc., No. 17-1826 (C.D. Cal., removed to federal court March 17, 2017). The plaintiff allegedly bought a box of the company’s Mike and Ike candy at a movie theater and claims Just…
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Court Orders Publicity Plan for Proposed Settlement of Safeway Tuna Cases
A California federal court has postponed issuing a final dismissal order in Safeway Inc.’s proposed settlement with a putative class, ordering the parties to develop a plan for publicizing the settlement to alert other potential plaintiffs that the statute of limitations will begin to run. In re Safeway Tuna Cases, No. 15-5078 (N.D. Cal., order…
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Bean Product Labeling Misled Consumers, Slack-Fill Putative Class Action Alleges
Two consumers have filed a projected class action against Arizona Canning Co. alleging that the image of a bowl full of beans on its Sun Vista products misleads consumers into believing the can is filled completely with beans rather than filled with some beans and a large amount of water. Beckman v. Ariz. Canning Co.,…
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Sour Patch Slack Fill Case Dismissed
A New York federal court has dismissed a consumer’s lawsuit alleging Mondelez International sells its Sour Patch Watermelon candy with unpermitted slack fill. Izquierdo v. Mondelez Int’l Inc., No. 16-4697 (S.D.N.Y., order entered October 26, 2016). The lead plaintiff had asserted that the box he purchased contained 28 pieces of candy but had enough space for…