Trader Joe’s Continues to Fight Underfilled Tuna Cans Class Action

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Discount grocer Trader Joe’s has redoubled its efforts to buck a class action lawsuit alleging it dupes consumers by underfilling its tuna cans.

Plaintiff Sarah Magier claimed in her class action lawsuit that she purchased tuna from Trader Joe’s based on labeling that stated it contained five ounces of tuna.

However, the can contained much less than the label represented and less than required under Food and Drug Administration regulations, alleged the plaintiff.

“Defendants deny that Magier purchased any Trader Joe’s canned tuna products that were underfilled or underweight,” asserts Trader Joe’s in its most recent motion to dismiss the class action. “Defendants deny that Magier read a ‘label on the can that said it contained an adequate amount of tuna for a 5-­ounce can.’”

Trader Joe’s has continually fought the class action lawsuit, moving to dismiss the case in March of 2017 and again this summer. The grocer argued that the FDA regulated the amount of tuna in their cans, leaving the plaintiff with no standing to sue. Trader Joe’s also contended that the Magier’s claims under state law are preempted by federal law.

U.S. District Court Judge Otis Wright ruled to retain most of the class action claims after Trader Joe’s first motion to dismiss. The plaintiffs were required to amend their complaint, but ruled that Trader Joe’s was not covered by the FDA rules it cited in its motion to dismiss.

The class action was trimmed of claims under New York state laws. However, the judge refused to accept Trader Joe’s contention that the court must defer jurisdiction to the Food and Drug Administration.

“While the court considers the FDA action in its evaluation of the reasonable consumer standard, the TMP does not apply to Trader Joe’s, and even if it were eventually to apply to Trader Joe’s, it would not have been in effect during the time periods alleged in the [complaint],” noted the judge in his order.

Trader Joe’s again urged the judge to dismiss the class action lawsuit.

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.

According to Trader Joe’s, the labeling on the can simply helps consumers during their purchasing process and is not meant to represent the actual weight of the product.

The plaintiffs are represented by L. Timothy Fisher and Scott A. Bursor of Bursor & Fisher PA.

The Trader Joe’s Underfilled Tuna Cans 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 Sept. 14, 2018, the Trader Joe’s class action lawsuit regarding underfilled tuna cans has ended in a $1.3 million settlement agreement.