Albertsons class action alleges Signature Select macaroni and cheese box only 45% full

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Albertson macaroni and cheese class action lawsuit overview: 

• Who: Shane Winkelbauer filed a class action lawsuit against Albertsons Companies, Inc., Better Living Brands LLC and Safeway Inc. 
• Why: Winkelbauer claims Albertsons deceives consumers by selling its Signature Select brand macaroni and cheese products in boxes that are 45% empty. 
• Where: The class action lawsuit was filed in California federal court. 

Albertsons Companies’ Signature Select brand macaroni and cheese products are sold in boxes that are nearly half empty, a new class action lawsuit alleges. 

Plaintiff Shane Winkelbauer claims Albertsons fails to “reasonably inform” its customers that boxes of Signature Select brand macaroni and cheese are 45% empty. 

“Defendants’ scam dupes unsuspecting consumers across California and America to pay for empty space at premium prices and undercuts fair competition,” the Albertsons class action states. 

Winkelbauer claims Albertsons markets the product in a “systematically misleading manner by representing them as adequately filled when, in fact, they contain an unlawful amount of slack-fill.”

Albertsons class action claims retailer underfills boxes for ‘no lawful reason’

Winkelbauer argues there is “no lawful reason” for Albertsons to allegedly underfill the boxes of Signature Select brand macaroni and cheese.

Albertsons chooses to “underfill” the macaroni and cheese boxes as a way to cut costs and “deceive” consumers into purchasing the products over the brands of its competitors, the Albertsons class action alleges.

“Defendants’ slack-fill scheme not only harms tens of thousands of consumers, but it also harms law-abiding competitors,” the lawsuit states. 

Winkelbauer claims Albertsons is guilty of unjust enrichment, common law fraud and intentional and negligent misrepresentation, along with violations of California’s Consumer Legal Remedies Act, False Advertising Law and Unfair Competition Law. 

He demands a jury trial and requests injunctive relief along with damages for himself and all class members. 

Winkelbauer wants to represent a nationwide class and a California subclass of consumers who have purchased Signature Select brand macaroni and cheese products. 

A consumer filed a separate class action lawsuit earlier this month over claims it misrepresented that certain over-the-counter Signature Care brand acetaminophen drugs were “rapid release.”

Have you purchased a Signature Select brand macaroni and cheese product? Let us know in the comments! 

The plaintiff is represented by Ryan J. Clarkson and Zachary Chrzan of Clarkson Law Firm, P.C.

The Albertson macaroni and cheese class action lawsuit is Winkelbauer v. Albertsons Companies, Inc., et al., Case No. 2:22-cv-04206, in the U.S. District Court for the Central District of California.

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