McCormick Pepper Tins 25% Less Full, Class Action Alleges

On Monday, a class action lawsuit was filed against McCormick & Co. Inc. alleging that the spice company used “slack-filling” to fill pepper tins only 75 percent full, thus cheating customers out of their rightful amount of pepper.

Lead plaintiff Rhonda Dupler alleges in her class action lawsuit that the company tried to cut costs by using metal tins in three sizes for pepper, but then hiding that they changed the weight of the pepper in each tin in small print on the tin.

“Normally, a company facing dramatically increased ingredient costs will either pass those increased costs on to consumers by raising prices or will absorb the higher commodity costs,” Dupler alleges in the class action lawsuit. “McCormick, however, decided to ‘have its cake and eat it too,'” she argues.

According to the McCormick pepper class action lawsuit, Dupler purchased a tin expecting it to contain 2 ounces of pepper, then realized it only contained 1.5 ounces after reading the small print on the tin.

The class action lawsuit alleges McCormick started using “slack-filling” to dupe customers earlier this year in January and February. Dupler argues in the class action lawsuit that McCormick, which owns 22 percent of the global market for seasonings, relied on consumers’ past expectations for tin sizes based on decades of marketing to pull of the scheme.

“McCormick has sold its branded McCormick spices and seasonings to generations upon generations of consumers. In the $10 billion per year global consumer spices and seasonings category, McCormick has an industry-dominating 22% market share – four times the size of its next largest global competitor,” points out the plaintiff in her class action lawsuit, noting the three tin sizes and how they were typically filled.

“[C]onsumers came to rely upon the ‘standard size and standard volume’ packaging when making purchasing decisions, particularly because the contents were and are not visible in the non-transparent tin packaging,” the McCormick pepper class action lawsuit says. “Recently, however, the commodity price of black pepper skyrocketed,” Dupler claims, alleging that McCormick tried to protect its bottom line by tricking consumers into paying the same price for less pepper.

Dupler alleges that McCormick’s deceptive use of tin sizes violates the Food Drug and Cosmetic Act (FDCA). According to the class action lawsuit, the FDCA defines “slack-filling” when consumers cannot clearly see what is inside a container and there’s a difference between how much product is inside and how much could fit.

Dupler seeks to represent consumers who purchased 2 oz., 4 oz. or 8 oz. tins of McCormick’s ground pepper in New York starting at the beginning of this year. According to the McCormick pepper class action lawsuit, the damages exceed $5 million.

McCormick was recently sued by a rival spice company, Watkins Inc., in Minnesota federal court. Watkins made similar allegations in its complaint that McCormick’s slack-filled tins amount to an “illegal, deceptive marketing practice.” Watkins argues that as a “market captain,” McCormick has tricked customers into thinking that its tins are equal to or larger than Watkins’ tins. Watkins also alleges that McCormick’s 2 oz. tin contains only 1.5 oz. of ground pepper, and also that McCormick’s 4 ounce tins only contain 3 ounces and 8 ounce tins only contain 6 ounces.

Dupler is represented by Jeffrey I. Carton of Denlea & Carton LLP.

The McCormick Underfilled Pepper Tins Class Action Lawsuit is Dupler v. McCormick & Company Inc., Case No. 2:15-cv-03454, in the U.S. District Court for New York’s Eastern District.

UPDATE: On July 20, 2016, McCormick continues to fight for dismissal, arguing that selling pepper in a certain sized container is not considered advertising under the provisions of the Lanham Act.

UPDATE 2: On Oct. 25, 2016, a Washington D.C. federal judge denied McCormick & Co. Inc.’s motion to dismiss a putative false advertising class action lawsuit alleging the spice maker underfills its pepper tins.

UPDATE 3: February 2020, the McCormick black pepper class action settlement is now open. Click here to file a claim.