Trader Joe’s Says Tuna Class Action Lawsuit Should Be Tossed

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Trader Joe’s, a popular chain of retail grocery stores, argues that a class action alleging the company shorted customers on tuna should be trashed because U.S. Food and Drug regulations should apply.

In the class action lawsuit, plaintiffs allege that Trader Joe’s underfilled its tuna cans by nine to 24 percent under what is required by the FDA. The plaintiffs also say that tests showed 5-ounce cans contained and average of only 2.43-ounces of albacore tuna.

In its motion to dismiss the class action, Trader Joe’s argues that the plaintiffs’ state law and other claims should be preempted by federal Food and Drug Administration standards concerning a “reasonable” consumer’s understanding about food labeling.

“Plaintiffs’ consumer-protection claims under the CLRA, UCL, FAL and New York General Business Laws … additionally fail because, as a matter of law, no ‘reasonable consumer’ would be deceived by the challenged conduct,” argues Trader Joe’s in its motion.

According to the motion to dismiss the class action, Trader Joe’s says claims for fraud, negligent misrepresentation and mislabeling should be tossed because the plaintiffs do not establish that the labeling on the tuna cans is misleading in any way.

Trader Joe’s also argues that claims for breach of express and implied warranty fail as well “because they do not allege that they provided reasonable and timely notice to Trader Joe’s regarding any asserted product deficiencies, and the breach-of-implied-warranty claim additionally fails because Plaintiffs have not alleged that the canned tuna they bought was not fit for its intended purpose—consumption.”

Finally, the company asserts that the unjust enrichment claims cannot stand because it replicates other claims in the class action.

Several class actions hit Trader Joes over the allegedly underfilled tuna cans. The class actions originate out of California, Illinois and New York. In February of this year, a fourth class action was filed in California which consolidated the class actions and incorporated all of the claims.

Sparring occurred between the various attorneys representing the class action plaintiffs before the cases were consolidated, but ultimately the cases were consolidated in the Central District of California.

“Both sides claim to have conducted preliminary investigation and identification of issues,” the judge noted in his order appointing lead counsel. “However, Magier’s motion sets forth in much greater detail the work Bursor has done in this case thus far. The motion states that Bursor has conducted an extensive preliminary investigation of potential claims, identified and interviewed class members, and commissioned standard fill tests of the canned tuna products at issue.”

Lead plaintiff Sarah 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 In re: Trader Joe’s Tuna Litigation, Case No. 2:16-cv-01371, in the U.S. District Court for the Central District of California.

UPDATE: 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 2: 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 3: 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 4: On Nov. 9, 2017, Trader Joe’s has redoubled its efforts to buck a class action lawsuit alleging it dupes consumers by underfilling its tuna cans. The grocer contends that the class action plaintiff failed to exhaust her administrative remedies under the Federal Food Drug and Cosmetic Act before filing the lawsuit. Trader Joe’s also disputes the plaintiff’s claims that she and the proposed Class were harmed by the alleged underfilled tuna cans.

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.