Nabisco Class Action Lawsuit Says Go-Paks Are Under-Filled

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Nabisco-brand Go-Paks contain significantly less food than promised, according to a slack-fill class action lawsuit filed last week in California federal court.

Plaintiff Anthony Bush filed the Nabisco Go-Paks class action lawsuit on behalf of himself and other consumers who, since May 5, 2012, have purchased Go-Paks manufactured, advertised, distributed, and/or sold by Mondelez International Inc. and Mondelez Global LLC.

The Nabisco Go-Paks class action lawsuit alleges the following products are routinely under-filled: Mini Chips Ahoy!, Mini Oreo, Nutter Butter Bites, Teddy Grahams, Mini Nilla Wafers and Golden Oreo Mini.

“At all relevant times, Mondelez has packaged the Products in small, cup-shaped containers, the contents of which cannot be seen or felt at the time of purchase,” Bush alleges in the Go-Paks class action lawsuit.

Bush claims that this packaging leads consumers to reasonably believe they are purchasing a container that is full of cookies. “In reality, the Product is uniformly under-filled by 25% or more,” the Go-Paks class action lawsuit states, a practice Bush refers to as “slack fill.”

According to the Go-Paks class action lawsuit, the empty space in the products’ packaging has no function and is therefore unlawful. Bush alleges that this unlawful and misleading practice allows Mondelez to cut costs on food production “to the detriment of unsuspecting consumers.”

Bush says he has purchased each of the Go-Paks listed in the slack-fill class action lawsuit, and in each case the product was under-filled with cookies. He claims he relied on the products’ packaging when purchasing the products, believing he would receive a cup that was nearly full of cookies instead of a cup that contained at least 25 percent empty space.

According to the Nabisco Go-Paks class action lawsuit, Bush would not have purchased the products if he had known the amount of the contents was misrepresented. He states that he and the putative Class Members have lost money due to the defendants’ false and misleading representations, as they paid for cookies they never received.

The slack-fill class action lawsuit asserts that the packaging was intentional and designed to encourage consumers to purchase the Go-Paks. Bush claims that the defendants knew or should have known that the products were routinely under-filled, and that they misrepresented the quantity of the Go-Paks’ content, “resulting in profits of millions of dollars or more” to the Mondelez defendants.

The Nabisco Go-Paks class action lawsuit asserts claims for false and misleading advertising, violations of the Consumers Legal Remedies Act, breach of the implied warranty of merchantability, unjust enrichment, negligent misrepresentation and fraud.

Bush is seeking actual and punitive damages, injunctive relief, restitution, attorneys’ fees, costs of the lawsuit and other costs deemed appropriate by the court.

Bush is represented by Ryan J. Clarkson and Shireen M. Clarkson of Clarkson Law Firm.

The Nabisco Go-Paks Slack-Fill Class Action Lawsuit is Anthony Bush v. Mondelez International Inc., et al., Case No. 3:16-cv-02460-JCS, in the U.S. District Court for the Northern District of California.