Judge Dismisses Class Action Claiming Annie’s Left Too Much Space In Bunny Fruit Snack Boxes

Annie’s Fruit Snacks Slack Fill Class Action Lawsuit Overview: 

• Who: A judge dismissed a class action lawsuit filed against Annie’s Inc. by Jessica Klausner.
• Why: Klausner argued Annie’s misled consumers about the amount of tropical-flavored Bunny Fruit Snacks they would receive by leaving unnecessary empty space in its boxes.
• Where: The lawsuit was filed in New York federal court.

A federal judge in New York dismissed a class action lawsuit alleging Annie’s Inc. deceived customers by leaving an unnecessary amount of space, known as slack fill, in the oversized boxes of its tropical-flavored Bunny Fruit Snacks. 

The judge ruled plaintiff Jessica Klausner was not harmed by Annie’s alleged actions, Law360 reports..  

Klausner claimed in an October 2020 class action lawsuit that the fruit snack boxes contained more than 60% “unnecessary empty space,” misleading consumers about the amount of fruit snacks they would be getting. 

Klausner argued that, even though the boxes have labels stating they contain five pouches of snacks filled with 23 grams each, the size of the box itself was enough to mislead consumers. 

Annie’s, meanwhile, successfully argued that Klausner had not plausibly alleged a threat of future injury and thus lacked standing for her request for injunctive relief, Law360 reports. 

Klausner had claimed Annie’s was in violation of a pair of New York consumer protection laws and the Magnuson-Moss Warranty Act and was guilty of fraud, unjust enrichment, negligent misrepresentation, and breaches of warranty. 

Plaintiff Unable To Amend Her Complaint, Judge Says

In siding with Annie’s, the judge pointed to the fact that Klausner said she’d been buying the fruit snacks for three years and thus must have been aware by now about the amount of snacks they contained, Law360 reports.  

The judge also ruled that Klausner would not suffer future harm if she chose to no longer buy the fruit snacks and that, in cases where the box contains labeling about the product’s weight, claims concerning slack fill generally fail.  

Klausner will not be allowed to amend her complaint after the judge determined she had already had an opportunity to do so, Law360 reports.

In October, Ferrara Candy Co. and Nestle USA agreed to pay $3.7 million to settle claims they intentionally underfilled the cardboard boxes of certain candies, including Butterfinger Bites and Rainbow Nerds. 

Have you purchased Annie’s tropical-flavored Bunny Fruit Snacks? Let us know in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC. 

The Annie’s Fruit Snack Slack Fill Class Action Lawsuit is Klausner v. Annie’s, Inc., Case No. 7:20-cv-08467, in the U.S. District Court for the Southern District of New York.

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