Luigi’s Real Italian Ice Class Action Says Packages are Underfilled by 9%

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J&J Snack Foods Corp. has been hit with a class action lawsuit that alleges some of its Luigi’s Real Italian Ice products are underfilled.

Plaintiffs Martin Orbach of New York and Phillip Sego of Massachusetts filed the underfilled packaging class action lawsuit last week in New York federal court.

They claim the six fluid ounce cups of Luigi’s Real Italian Ice have a uniform etched fill line inside the cup, which allows for only 5.5 fluid ounces of the product.

According to the Luigi’s Real Italian Ice class action lawsuit, testing of the products has confirmed that the six fluid ounce cups only contain an average of 5.4 to 5.5 fluid ounces of the product.

“Defendant is cheating purchasers by providing roughly 8.5 to 9% less Italian Ice than purchasers are paying for,” Orbach and Sego allege in the Luigi’s Real Italian Ice class action lawsuit.

Orbach and Sego claim they purchased six fluid ounce cups of Luigi’s Real Italian Ice numerous times in the past three years. According to the class action lawsuit, the products the plaintiffs purchased prominently displayed that they contained six fluid ounces of Italian ice and the plaintiffs believed that the products did, in fact, contain a full six fluid ounces of the product.

They claim they would not have purchased Luigi’s Real Italian Ice if they had known that the products did not contain six fluid ounces as represented on the packaging.

Orbach and Sego filed the underfilled packaging class action lawsuit on behalf of themselves and a proposed Class of consumers who purchased (not for resale) six fluid ounce cups of the following Luigi’s Real Italian Ice products:

• Luigi’s Real Italian Ice Cherry Flavor
• Luigi’s Real Italian Ice Chocolate Flavor
• Luigi’s Real Italian Ice Orange Flavor
• Luigi’s Real Italian Ice Mango Flavor
• Luigi’s Real Italian Ice Cotton Candy Flavor
• Luigi’s Real Italian Ice Lemon Flavor
• Luigi’s Real Italian Ice Blue Raspberry Flavor
• Luigi’s Real Italian Ice Watermelon Flavor

The plaintiffs allege J&J’s packaging of Luigi’s Real Italian Ice products misrepresent the characteristics of the product in order to induce consumers to purchase the product. They argue that the proposed Class Members were injured because they received less Italian ice product than they thought they were paying for.

Millions of consumers may qualify as Class Members, according to the Luigi’s Real Italian Ice class action lawsuit.

The Luigi’s Real Italian Ice class action lawsuit asserts claims for breach of express warranty, breach of the implied warranty of merchantability, fraud and unjust enrichment. Orbach asserts a claim under New York law and Sego asserts a claim under Massachusetts law.

The plaintiffs are seeking compensatory, punitive and statutory damages; prejudgment interest; restitution; injunctive relief; attorneys’ fees and costs of suit. They have demanded a jury trial.

Orbach and Sego are represented by Philip L. Fraietta and Alec M. Leslie of Bursor & Fisher PA.

The Luigi’s Real Italian Ice Class Action Lawsuit is Martin Orbach and Phillip Sego v. J&J Snack Foods Corp., Case No. 7:18-cv-00321, in the U.S. District Court for the Southern District of New York.