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Underfilled Product

Halo Top Pint Container

It’s not easy for consumers of a container of ice cream to know whether they’ve received a full pint or not. The complaint for this class action alleges that Eden Creamery, LLC, also doing business as Halo Top Creamery, regularly underfills its ice cream containers, sometimes “dramatically.” In fact, the complaint claims that the problem is well-known to the company, because its website contains a “low fill form response” to allow consumers to report underfilled pint containers. 

Packaging for Luigi's Six-Ounce Cups

When you buy a container of dessert labeled as being six ounces, shouldn’t those six ounces refer to the amount of the dessert it contains? The complaint for this class action claims that Luigi’s Real Italian Ice is sold in six-ounce cups that have an internal fill line that only allows 5.4 or 5.5 ounces of ice in each cup. The complaint claims that the under-filling of the cups represents breaches of warranty, unjust enrichment, and fraud and also constitutes violations of New York’s General Business Law and Massachusetts General Law.

Wild Planet/Sustainable Seas Tuna

Wild Planet has settled a class action alleging that its Sustainable Seas tuna cans were under-filled, in violation of federal law.

This lawsuit claims that Sun Vista Beans overfilled their cans of beans with water to reduce costs at the expense and repulsion of the consumer.

This class action alleges that MusclePharm violate state consumer protection laws by intentionally deceiving consumers of certain kinds of their nutritional supplements with large containers that offered little inside.

This lawsuit alleges that CVS violated state consumer protection laws by creating excessive slack-fill in its CVS pain reliever packaging.

This lawsuit alleges that retail food and drug chain Safeway, Inc. deceptively marketed and sold underfilled cans of tuna, in violation of federal regulations and California statutes.

A class action lawsuit alleges the containers of whey dietary products from Glanbia Performance Nutrition, or Optimum Nutrition, are not filled to an acceptable level, averaging 35% empty space, or “slack-fill.”

Iovate Logo

In this lawsuit, the plaintiff alleges that Iovate Health Sciences has engaged in misleading and deceptive conduct with regard to its MuscleTech and Six Star Protein products by packaging them in opaque containers which actually contain more than 40% empty space or "slack-fill."

This class action investigation focuses on laundry detergent and seeks to determine whether manufacturers use non-functional “slack fill” to mislead consumers as to the actual amount of laundry detergent in a container.

Who is Affected?

Purchasers of these laundry detergent products in specific containers: