Home City Ice Class Action Says Ice Bags Are Underweight

Home City ice bags allegedly weigh “substantially” less than they are represented to weigh, according to a recent class action lawsuit.

The Home City Ice Company reportedly distributes their ice bags across the country, including directly to retailers in Ohio, Indiana, Illinois, Kentucky, Tennessee, Maryland, New York, Michigan, Pennsylvania, Alabama, Missouri, Georgia, and Wisconsin.

Home City ice bags are labeled with a prominent “7 lb” statement, but this representation is allegedly false.

Plaintiff Rick Pansiera claims that he and other consumers were defrauded by Home City Ice due to the substantial weight discrepancies.

Pansiera says he buys Home City ice bags multiple times per week. When purchasing the products, he allegedly relies on representations that the ice bag weight is consistently 7 pounds and pays the price based on this belief.

Upon weighing the ice bags at check out, Pansiera claims he was shocked that his ice bag weighed only 5.61 pounds despite being advertised as 7 pounds.

The Home City Ice class action states that the ice company either intentionally or negligently underfills their ice bags – a practice that takes advantage of consumers.

“By filling an Ice Bag with less than the advertised seven pounds of ice, the Defendant charges for seven pounds of ice, without actually providing seven pounds of ice,” the Home City Ice class action lawsuit claims. “This short-selling occurs despite Defendant’s explicit representation of ‘NET WT. 7 Lbs’ on the Ice Bag.”

Pansiera argues that he and other consumers would not have purchased the products or paid the price they did if they knew they were not getting a full 7 pounds of ice. The deceptive practices allegedly employed by Home City Ice unjustly enrich the company without Pansiera and other consumers getting anything out of the deal.

“On multiple occasions the Plaintiff paid for more ice than he actually received, thereby increasing the Defendant’s revenue and profit on the transaction for nothing in return,” the Home City Ice class action lawsuit claims.

Pansiera seeks to represent a Class of consumers who purchased Home City Ice products which were labeled as weighing 7 pounds. He also seeks to represent two subclasses of consumers from Indiana and Ohio, respectively.

The Home City Ice class action brings claims of breach of express warranty, breach of implied warranty, unjust enrichment, negligent misrepresentation, promissory estoppel, fraud, and violation of consumer protection laws.

Pansiera seeks compensatory and punitive damages of more than $5 million, restitution, interest, injunctive relief, court costs, and attorneys’ fees.

Did you purchase Home City ice bags based on representations that they weighed 7 pounds? Share your experience in the comment section below.

Pansiera and the proposed Class are represented by Brian P. O’Connor and William E. Santen Jr. of Santen & Hughes.

The Home City Ice Bag Class Action Lawsuit is Pansiera v. The Home City Ice Company, Case No. 1:19-cv-01042-TSB, in the U.S. District Court for the Southern District of Ohio.

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