SkinnyPop class action overview:
- Who: SkinnyPop is being sued by a group of California consumers.
- Why: The plaintiffs claim the bags of popcorn are underfilled.
- Where: The SkinnyPop class action lawsuit was filed in a California federal court.
Popcorn consumers have filed a lawsuit against SkinnyPop, alleging that the popular popcorn brand misled consumers by significantly underfilling its bags.
Plaintiffs Cade Bogren, Michelle Bogren, and Jeremiah Tills filed the class action complaints against The Hershey Salty Snack Sales Company, The Hershey Company and SkinnyPop Popcorn LLC on Sept. 12 in a California federal court, alleging violations of state and federal consumers laws.
The consumers claim that SkinnyPop products contain up to 43% less popcorn than advertised, violating California and federal law.
“Plaintiffs also thus allege that almost every size bag provides significantly less popcorn than is promised,” the lawsuit says.
Lawsuit accuses SkinnyPop of misleading packaging
The lawsuit centers on the representation of the amount of popcorn in SkinnyPop bags, which plaintiffs claim falls far short of what is promised.
According to the complaint, a 4.4 oz bag of the Original flavor is advertised as containing 16.5 cups of popcorn.
However, tests allegedly revealed that these bags contain only 9.5 to 11.5 cups. Similarly, the White Cheddar flavor is said to offer 15.4 cups per bag, but plaintiffs assert the actual amount is closer to 11 cups.
The plaintiffs allege that SkinnyPop’s advertising led consumers to believe they were purchasing bags filled to the advertised amount. However, the opaque bags conceal the true amount of popcorn inside, leaving buyers unaware of the underfill, the consumers allege.
Calorie Count Discrepancies Further Fuel Claims
In addition to the underfilling claims, the lawsuit also targets SkinnyPop for alleged misrepresentation of calorie counts.
The plaintiffs claim that if the total calorie count per bag is accurate, the number of calories per serving is higher than advertised. This, they say, makes the “Skinny” branding deceptive, as customers are consuming more calories per serving than they believe.
California law requires food labels to accurately reflect the contents of the packaging, including weight, volume, and serving sizes.
As a result, the plaintiffs are looking to represent anyone who purchased SkinnyPop Popcorn from a retailer in California. They are suing for violations of warranty and unfair competition laws, as well as misrepresentation and unjust enrichment. They’re seeking certification of the class action, damages, fees, costs and a jury trial.
In May, Target was hit with a class action lawsuit alleging its Up & Up brand diaper pail refill bags are falsely marketed as providing a one-year supply of bags for its diaper pails, when they allegedly contain half of that amount.
What do you think of the allegations in this SkinnyPop class action lawsuit? Let us know in the comments.
The plaintiffs are represented by R. Craig Clark and Alicja A. Urtnowski.
The SkinnyPop class action lawsuit is Cade Bogren et al., v. The Hershey Salty Snack Sales Company et al., Case No. 3:24-cv-01635-BAS-JLB in the U.S. District Court for the Southern District of California.
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