Annie’s Homegrown Class Action Says Cereal Boxes are Half Empty

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Annie’s Homegrown cereals come in half empty boxes, according to a class action lawsuit lodged against General Mills.

Lead plaintiff Charlene Jackson alleges in the Annie’s Homegrown class action lawsuit that General Mills violates advertising and labeling laws by tricking consumers into buying less product than they would think is in the cereal boxes.

The Annie’s cereal class action lawsuit, that was recently removed to California federal court, contends that General Mills is in violation of California state consumer protection laws.

According to the Annie’s Homegrown class action lawsuit, Jackson purchased Annie’s Frosted Oat Flakes Cereal at a Target store in Bakersfield, Calif. in 2016. She says that she was shocked to discover that the box was half empty when she opened it after purchase.

“This lawsuit charges Defendant with intentionally packaging its Annie’s HOMEGROWN brand Cereal Products…in opaque containers that contain approximately 50 percent empty space,” alleges the Annie’s cereal class action.

In California, alleges the Annie’s Homegrown class action lawsuit, a law called the Fair Packaging and Labeling Act (CFPLA) requires that the package size and labeling accurately reflect the contents. Specifically, “nonfunctional slack fill,” or extra space that is not necessary for packing purposes or product settling, is banned under the state law.

“Defendant intentionally incorporated non-functional slack-fill in its packaging of the products,” alleges the Annie’s class action lawsuit. “Given the materiality of the non-functional slack fill to reasonable consumers, the packaging is per se illegal, and reliance upon the misbranded packaging by absent class members is presumed.”

According to the Annie’s Homegrown class action lawsuit, consumers take mere seconds to decide on a purchase. The use of an opaque container to hide the contents – or lack thereof – on Annie’s Homegrown cereal products does not allow consumers the opportunity to consider the amount of product they are purchasing.

“Class Members did not know, and had no reason to know, that the Products illegally contained non-functional slack-fill,” alleges the plaintiff in the Annie’s cereal class action.

The Annie’s Homegrown class action lawsuit contends that the plaintiff and other putative Class Members would not have purchased or, at a minimum, would not have paid as much for the General Mills cereal had they known the boxes were half empty.

Jackson alleges that General Mills intends to continue selling half empty boxes of Annie’s Homegrown cereal products without disclosing their contents to the public.

The Class Members proposed in the Anne’s Homegrown class action lawsuit include all United States citizens who purchased Annie’s cereal products, along with a California subclass.

The Annie’s cereal class action lawsuit is seeking compensatory and punitive damages, along with a court order requiring General Mills to come into compliance with the CFPLA.

Jackson is represented by Ronald A. Marron and Michael T. Houchin of the Law Offices of Ronald A. Marron and Scott J. Ferrell of Pacific Trial Attorneys APC.

The Annie’s Homegrown Cereal Class Action Lawsuit is Jackson v. General Mills Inc., Case No. 3:18-cv-02634-LAB-BGS, in the U.S. District Court for the Southern District of California.