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Deceptive Packaging

Package of Pepperidge Farm Texas Toast

The package for Pepperidge Farm’s Texas Toast shows two thick slices of toasted bread with a yellow spread and parsley flakes, a fresh garlic clove and parsley leaf, pats of butter, and the words, “Made with real Garlic[,] Butter & Parsley.” It looks mouth-wateringly delicious—assuming, of course, that the yellow spread is butter. Unfortunately, the complaint for this class action alleges that most of it is palm and soybean oils, with added coloring, while butter makes up less than two percent of the product.

Lenny & Larry's Complete Cookie, Double Chocolate Flavor

This settlement resolves a class action alleging that Lenny & Larry’s did not correctly state the nutritional value of one of its products, the Complete Cookie. The complaint alleged that this led to misleading advertising, packaging, and labeling. 

Container of Nutrabolt's C4 Powders

Some companies like to package their products in huge containers. With sports nutritional products, it sometimes seems like container bulk is supposed to imply the size of muscles you’ll get if you use the product. The complaint for this class action claims that Nutrabolt’s opaque containers for its Cellucor C4 Pre-Workout Powders big containers are left half-empty—a deceptive practice that’s illegal. 

Box of Annie's Cocoa Bunnies Cereal

The complaint for this class action quotes a study saying that “[t]he average consumer spends a mere 13 seconds making an in-store purchasing decision…” The issue? The complaint alleges that Annie’s Homegrown brand cereal products come in opaque containers which hide the fact that they are approximately 50% empty.

Taste of Nature Cooke Dough Bites

Taste of Nature, Inc. is settling a lawsuit alleging that its candies are packed in non-transparent containers that contain too much non-functional slack fill. In other words, consumers are getting less candy than they expect for the price.

Gillette Fusion ProGlide Sensitive 2-in-1 Shave Gel

The complaint for this class action alleges that a certain Proctor & Gamble shave gel has excessive empty space in its container, deceiving consumers about how much product they’re getting. But it also claims that the design of the dispenser is defective, so that consumers get even less out of the can than they purchased. 

Glutino Gluten-Free Pretzels

Consumers make quick judgments when they’re buying items, whether in stores or online, and one of the things that influences them is the size of the packaging. A larger size can indicate a better value, if the box or bottle is opaque; most consumers don’t look at net weight or other details, except for those that really matter to them. The complaint for this class action claims that Boulder Brands USA, Inc. took advantage of this in packaging their Glutino Gluten Free Pretzels, leaving more than 40% empty space in the packages.

Lemonheads Candy

Ferrara Candy Co. is settling a class action alleging that its candy is packed in oversized boxes containing too much empty space. The complaint claims that this deceives consumers as to how much candy they’re getting and violates a number of laws, including California’s False Advertising Law, its Unfair Competition Law, and its Consumers Legal Remedies Act.

Alessi Risotto Container

Plaintiff Anthony Buso bought Vigo Importing Company’s Alessi Autentico Premium Risotto with Porcini Mushrooms, he claims, only to find that the box was more than 70% empty. The complaint for this class action claims that the Alessi containers have too much slack fill and deceive consumers about the amount of product inside. 

Varieties of McIlhenny Tabasco Sauce

The McIlhenny Company is agreeing to settle a class action alleging it should not have described its Tabasco sauce as being “Made in USA.” The complaint claims that the company violated California laws in making this claim on its packaging, labeling, and promotional materials because some of the ingredients came from foreign sources.

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