Cellucor Class Action Says Pre-Workout Powder Container Half Empty

A recent class action lawsuit argues that Cellucor C4 Pre-Workout protein powder’s packaging is misleading because the containers are significantly underfilled.

Plaintiff Joseph Kinder says the C4 Pre-Workout protein powder is sold in 30 and 60 serving opaque containers which conceal the contents from consumers.

Due to this concealment, consumers are allegedly unable to see that the product canisters are only half filled.

According to the Cellucor class action, defendant Woodbolt Distribution LLC intentionally underfills their canisters which creates “non-functional slack fill.”

“The use of non-functional slack fill allows Defendant to lower their costs by deceiving customers into paying a higher price for more product than they truly receive,” the Cellucor protein powder class action argues. “As a result, Defendant has realized sizable profits.”

Because customers can only see the size of the exterior packaging, Kinder claims they are unable to make an informed decision when purchasing Cellucor powder products.

According to the Cellucor class action, he and other consumers would not have purchased the products or paid as much for them had they been aware that the powder canisters were only half filled.

Kinder also argues that the use of non-functional slack-fill is a violation of California Business Laws. California Business and Professions Code states: “A container that does not allow the consumer to fully view its contents shall be considered to be filled as to be misleading if it contains nonfunctional slack fill. Slack fill is the difference between the actual capacity of a container and the volume of product contained therein.”

Non-functional slack-fill is allowed in certain conditions including protection of the contents, unavoidable settling, larger packaging for mandatory labeling, decorative containers, headspace, and other conditions which require additional space or larger packaging.

However, Kinder claims that none of these exceptions apply to Cellucor C4 Pre-Workout protein powder and that half filling is only done for the sake of deceiving customers.

The Cellucor class action lawsuit brings claims under a variety of California laws including the state’s Consumer Legal Remedies Act and Business & Professions Code. Kinder also brings claims of unjust enrichment in his Cellucor slack-fill class action.

Kinder seeks to represent several Classes in his Nutrabolt class action. He seeks first to represent a Class of consumers who purchased Cellucor C4 Pre-Workout Powder packaged in 30- and 60-serving size containers from four years prior to the filing of the class action to the time of Class certification.

The plaintiff also seeks to represent a subclass of the same consumers in California and another subclass of consumers who are covered under California’s Consumer Legal Remedies Act.

The Cellucor class action seeks Class certification, an enjoining order, disgorgement, restitution, interest, court costs, and attorneys’ fees.

Kinder and the proposed Class are represented by Tarek H. Zohdy, Cody R. Padgett, and Trisha K. Monesi of Capstone Law APC.

The Cellucor C4 Pre-Workout Protein Powder Class Action Lawsuit is Kinder v. Woodbolt Distribution LLC, Case No. 3:18-cv-02713-DMS-AGS, in the U.S. District Court for the Southern District of California.