Pret A Manger Class Action Challenges ‘Slack-Fill’ Sandwich Wrap Packaging

Pret A Manger (USA) Limited deceptively packages its sandwich wraps so that consumers cannot see that they contain less food than it appears, a class action lawsuit alleges.

“The wraps are invariably packaged in partially opaque packaging so that consumers cannot see the empty air (or slack-fill) in the wrap,” plaintiff Yee Ting Lau alleges in the Pret A Manger class action lawsuit. “A cardboard shroud prevents consumers from seeing that the wraps’ packaging contains air in the middle, and not the food that the packaging represents to them.”

This deceptive packaging leads consumers to believe they are buying more food than is actually being sold, “thus deceiving them into paying for air and denying them the benefit of the bargain,” according to the lawsuit.

Lau asserts she purchased a Chakalaka wrap for $7.49 at a New York Pret A Manger store on June 12, but the wrap contained a full inch of empty space between the two halves of the wrap. She was unaware that the wrap contained so much empty space because it was concealed behind a cardboard covering, the Pret A Manger class action lawsuit alleges.

The term “slack-fill” refers to the difference between a container’s actual capacity and the volume of product that is actually contained in the package. In some instances, slack-fill can be functional, such as offering protection to the package, unavoidable settling of the contents, or manufacturing requirements.

Lau says she was injured because she paid full price for a sandwich wrap that contained significantly more empty space than the packaging indicated. She says she cannot rely on the truthfulness of the product packaging unless Pret A Manger corrects the sandwich wrap packaging to accurately represent the amount of food that is being sold.

According to the Pret A Manger class action lawsuit, Lau would consider purchasing Pret A Manger sandwich wraps again in the future if she is assured that she will not be paying for empty space that is concealed by the packaging.

The Pret A Manger slack-fill class action lawsuit was filed on behalf of Lau and a proposed Class of consumers who purchased a Pret A Manger sandwich wrap packaged with concealed empty space between the two halves within the relevant statute of limitations period.

The Pret A Manger wraps specifically listed in the slack-fill class action lawsuit as having allegedly unlawful slack-fill include: Chakalaka Wrap; Greek Falafel Wrap; Green Goddess and Turkey Wrap; Avocado Pine Nut Wrap; Bang Bang Chicken Wrap; and the Mustard, Chicken and Swiss Wrap.

Pret A Manger operates stores in New York, Boston, Chicago, and Washington D.C.

The slack-fill class action lawsuit asserts violations of New York’s Deceptive and Unfair Trade Practices Act, false advertising, and common law fraud.

Lau is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.

The Pret A Manger Sandwich Wrap Class Action Lawsuit is Yee Ting Lau v. Pret A Manger (USA) Limited, et al., Case No. 1:17-cv-05775, in the U.S. District Court for the Southern District of New York.

UPDATE: On Jan. 29, 2019, representatives for customers in a Pret A Manger packaging class action lawsuit have asked a judge to pause proceedings, saying the food chain and the customers are reaching a settlement.