Elmer’s Krazy Glue Class Action Says Packaging is Deceptively Slack-Filled

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A class action lawsuit brought by a California consumer alleges the packaging of Elmer’s Krazy Glue purposely deceives customers into thinking they are getting more product than they actually are.

Plaintiff David Spacone is suing Elmer’s Products Inc. claiming the company’s opaque packaging of its Krazy Glue line of products conceals from consumers the amount of product actually contained therein.

According to the proposed class action lawsuit, Krazy Glue is sold fully enclosed in an opaque plastic container several times larger than the tube, which contains the glue, which is then sealed in a plastic half-shell affixed to cardboard.

Specifically, Spacone alleges that Krazy Glue packaging is “filled to be misleading” due to the amount of slack fill it employs. Slack fill, according to California law is “the empty space in a package that is filled to substantially less than its capacity.”

Spacone says the Krazy Glue container misleads customers because the opaque container creates non-functional “slack-fill” – something a reasonable consumer would not be able to determine just by “shaking or squeezing the packaging.”

“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,” the complaint says.

By selling Krazy Glue in deceptive packaging, Elmer’s continues to be misleading and deceptive, and cheats consumers, the complaint argues.

“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.”

Spacone purchased a package of Elmer’s Krazy Glue from a True Value hardware store in Los Angeles, relying on the packaging he asserts made it appear that he was purchasing Krazy Glue in the amount indicated by the exterior of the container.

“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,” the complaint says.

Spacone brings the action on claims Elmer’s violated several state consumer protection laws including the California’s Consumers Legal Remedies Act (CLRA).

He seeks to represent a certified nationwide Class of consumers in the United States who purchased a .07-ounce size of Krazy Glue All Purpose Adhesive packaged in 37-ounce outer containers or substantially similar packaging along with California and CLRA subclasses.

Along with compensatory, exemplary, and statutory damages, the proposed class action is asking the court to to grant an order enjoining Elmer’s from further deceptive advertising, sales, and other business practices with respect to its Krazy Glue packaging.

Spacone and the proposed Class are represented by Lee A. Cirsch, Robert K. Friedl and Trisha K. Monesi of Capstone Law APC.

The Elmer’s Krazy Glue Slack-Fill Class Action Lawsuit is David Spacone v. Elmer’s Products Inc., et al., Case No. BC648907, in the Superior Court of the State of California for the County of Los Angeles.

UPDATE: On Aug. 9, 2018, a Krazy Glue buyer who filed a slack-fill class action lawsuit lost his bid for Class certification in California federal court.