Trader Joe’s Faces Class Action Alleging Underfilled Tuna

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Trader Joe’s faces a proposed class action lawsuit alleging that the grocery chain shortchanged customers by selling underfilled cans of store brand tuna.

Plaintiff Sarah Magier filed the Trader Joe’s class action lawsuit in New York federal court on Tuesday, claiming that the cans of tuna she purchased did not contain the full 5 ounces as advertised on the product’s label. Magier cited government testing by NOAA (National Oceanic and Atmospheric Administration) that was conducted on the Trader Joe’s Co. store brand label revealing almost every single can was underfilled.

Trader Joe’s tuna cans, according to the class action lawsuit, were filled with 9 to 24 percent less than the U.S. Food and Drug Administration mandated levels. The FDA requires that 5 ounce cans must have a minimum of 3.23 ounces of pressed cake tuna.

According to the Trader Joe’s class action lawsuit, when 24 cans of 5 ounce Trader Joe’s no salt added albacore tuna were tested, each can contained an average of 2.43 ounces of tuna. This amount was 24.8 percent below the minimum FDA-set standard fill level.

Salt or half-salt Trader Joe’s tuna cans were determined to have been underfilled by at least 19 percent, according to the claim. Other cans were also underfilled, including albacore with olive oil (9 percent underfilled), skipjack and yellowfin tuna (9 to 13 percent underfilled).

Magier brought forth several counts against Trader Joe’s including breach of express and implied warranty, unjust enrichment, fraud, negligent misrepresentation and violations of New York’s consumer protection and false advertising laws. Magier claims that she would not have purchased the tuna if she had known the facts about the cans not containing the amount of tuna that was listed on the label.

If approved, the Trader Joe’s tuna class action lawsuit would be open to Class Members who purchased Trader Joe’s tuna across the nation. Plaintiff Magier also hopes to represent a subclass of members who purchased the allegedly underfilled tuna within the State of New York.

Trader Joe’s isn’t the only company to be hit with a slack fill tuna lawsuit. In November, Safeway was hit with a potential class action lawsuit with similar claims. The plaintiff in the Safeway class action lawsuit also relied on NOAA testing to support his claims of the company short-changing consumers. Last May, StarKist Co. paid $12 million in a settlement to resolve claims in a California class action lawsuit that alleged the company underfilled their tuna cans.

Attorneys from Bursor & Fisher PA have represented the potential classes in all three underfilled tuna lawsuits.

Magier is represented by Scott A. Bursor, Joseph I. Marchese, Joshua D. Arisohn and Neal D. Deckant of Bursor & Fisher PA.

The Trader Joe’s Tuna Class Action Lawsuit is Magier v. Trader Joe’s Co., Case No.1:16-cv-00043, in the U.S. District Court for the Southern District of New York.

UPDATE: On March 21, 2017, Trader Joe’s argued that a class action alleging the company shorted customers on tuna should be trashed because U.S. Food and Drug regulations should apply.

UPDATE 2: On April 10, 2017, plaintiffs in a class action lawsuit over Trader Joe’s alleged practice of underfilling tuna cans asked a judge not to grant the grocery chain’s motion to dismiss the case.

UPDATE 3: On July 28, 2017, Trader Joe’s is seeking a second dismissal of claims that it unlawfully underfills its cans of tuna and overstates the product’s weight on the cans’ labels.

UPDATE 4: On Oct. 3, 2017, a California federal judge denied a motion by Trader Joe’s Co. to dismiss a class action lawsuit accusing the grocery chain of underfilling its cans of tuna.

UPDATE 5: On Sept. 14, 2018, the Trader Joe’s class action lawsuit regarding underfilled tuna cans has ended in a $1.3 million settlement agreement.