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A recent Pure Fishing class action lawsuit says Berkley Gulp! fishing bait comes in defective packaging which causes leaks and loss of product.
According to plaintiff David Chung, there are issues with both the resealable packet and pint-sized tub packaging that the Berkley Gulp! fishing bait comes in.
Both of these packaging systems allegedly allow a significant amount of leakage – causing a mess and also depriving consumers of the “highly touted formula” they paid for.
Berkley fishing bait has reportedly been driven by “imitation scent” since the company first released their “Strike” bait in 1985. The technology continued with “PowerBait” products and later Gulp! bait lines in 2003.
According to marketing by Pure Fishing, Berkley Gulp! fishing bait reportedly “Outfishes All Other Bait” with “400x More Scent Dispersion.”
The special liquid that the bait comes in “[e]xpands a fish’s strike zone by up to 400x,” according to product packaging. Further product labeling assures customers that “Gulp! Imitates the natural odor and flavor of live bait,” allowing them to “CATCH MORE FISH!”
These marketing claims rely on the Berkley Gulp! fishing bait coming with the “potent liquid formula” that attracts fish, Chung notes. Unfortunately, according to the fisherman’s recent Pure Fishing class action lawsuit, the fishing bait packaging is defective and needlessly wastes a significant amount of this liquid.
Gulp! products reportedly come in a variety of containers, including a jar/tub with a lid and a smaller resealable plastic package. The smaller packages reportedly retail for between $6.99 and $9.99, while the larger jars retail between $19.99 and $24.99. Chung argues the products are not worth this much due to defective packaging.
Soon after opening the resealable packaging, the “highly touted liquid formula” quickly begins to leak, according to Chung. Even if consumers are careful to put the package upright and close it tightly, the packaging will allegedly continue to leak. Similarly, the jar packaging reportedly leaks the valuable liquid formula if it is not sealed tight enough or placed in a tilted or upside down orientation.
To make matters worse, Pure Fishing has allegedly been aware of the issue with their Berkley fishing bait for years.
Countless customers have reportedly left comments online about the leaky container, with others taking to online forums to find a solution.
In fact, most serious fishermen have allegedly been forced to purchase a separate non-leaking container to circumvent the issue.
Following numerous complaints about leaks and spillage, the company reportedly made changes to their packaging to reduce the issue.
“Berkley became aware of the leakage issues with the old jars so we put forth an effort to eliminate the problem,” Berkley associate product manager Aaron Wavra told On The Water.
“On the old container, the seals became ‘hindered’ and wouldn’t seal perfectly. Now, after lab testing, there is tremendous improvement.”
Despite “improvements” being made, Chung argues that the issue persists.
No perfect solution was given in the new 2020 versions of the products, and older versions allegedly continue to be sold with the defect.
“Some improvements seem to have been made on the 2020 released product, regardless, the packet continues to leak,” the Pure Fishing class action lawsuit contends.
“Improvement or not, the problem persists and there are older defective containers floating around in the market.”
Instead of fixing the issue permanently, Pure Fishing has allegedly introduced a new product to drive up sales while also leaving the defective packaging.
Consumers can now buy Berkeley Gulp Alive Recharge – a refill liquid fishermen can use add more liquid to their defective packaging.
Chung argues that this only serves to increase Pure Fishing’s profits and increase costs for consumers.
“Needless to say, the refill sales will make additional income for Defendant,” the Pure Fishing class action lawsuit says. “Under the circumstances Defendant has no desire to remedy the problem because it would be adverse to their interest.”
Chung contends he and other consumers suffered financial injury when they were deceived into purchasing Berkley Gulp! products with defective packaging.
If they had been aware of the packaging issues, consumers would have allegedly chosen not to purchase the fishing bait or would have paid significantly less.
In his Pure Fishing class action lawsuit, Chung seeks to represent a Class of consumers who purchased one or more Berkley Gulp! products. He also seeks to represent a subclass of the same customers from New York.
Did you purchase Pure Fishing bait? Did you struggle with the fishing bait packaging?
Chung and the proposed Class are represented by Spencer Sheehan of Sheehan & Associates PC and James Chung.
The Pure Fishing Bait Class Action Lawsuit is David Chung v. Pure Fishing Inc., Case No. 1:20-cv-03983, in the U.S. District Court for the Eastern District of New York.
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11 thoughts onPure Fishing Class Action Lawsuit Says Berkley Gulp! Packaging Is Defective
Have had many leak in my boat