Windmill Health Class Action Says Super Greens Containers Half Empty

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A class action lawsuit claims that bottles of Windmill Health’s Super Greens Vitamins are nearly half empty.

Plaintiff Miltita Casillas claims that she purchased a container of Super Greens Vitamins, Fruit & Vegetable Formula, Delicious Berry flavor, assuming that the bottle would be mostly full, but when she opened it, was surprised to find that it was nearly half empty.

She says that defendant Windmill Health Products LLC, the company that manufactures the dietary supplement, intentionally underfills the containers to mislead consumers.

Casillas claims that she purchased the vitamins both for the purpose of using the vitamins and to see if the container was underfilled.

She says the packaging violates California law, which prohibits businesses from packaging products in a way that would mislead consumers. The California Fair Packaging and Labeling Act states that product packages and labels “should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons.”

Casillas claims that the packaging is misleading because of its size. Allegedly, most consumers only spend 13 seconds making purchasing decisions in a store, and between 10 and 19 seconds making an online purchasing decision.

The Super Greens Vitamins class action lawsuit states that most consumers do not look at the weight label on a product, and instead almost solely rely on the size of a container to make a purchasing decision.

The Super Greens Vitamins class action lawsuit claims that consumers often purchase a product with a larger package size because they assume a larger package means that there is more product included and that they are getting a better value for their money.

Allegedly, packages that are radically larger than their contents, as is claimed to be the case in the case of Super Greens, misleads consumers.

The Super Greens packaging class action lawsuit further claims that the empty space in the container is not functional, serving no purpose but to mislead consumers. The California Business and Professions Code prohibits companies from including empty space in packaging if the packaging does not serve a purpose.

The law allows for empty space, or “slack fill” in a package if it protects the product, is required for the machines to be able to pack the product, or if it is a result of unavoidable product settling during shipping and handling.

Slack-fill that does not serve a purpose is called “nonfunctional slack fill,” and is prohibited by law. Casillas claims that the empty space in the Super Greens containers does not serve a purpose and is therefore unlawful, nonfunctional slack-fill.

Castillas seeks damages on behalf of herself and all similarly affected consumers. She claims that she and other consumers would not have purchased the Super Greens Vitamins, or would not have paid as much for them, had they known that the package was underfilled.

The plaintiff is represented by Scott J. Ferrell of Pacific Trial Attorneys.

The Super Greens Vitamins Nonfunctional Slack-Fill Class Action Lawsuit is Miltita Casillas v. Windmill Health Products LLC, Case No. 2:18-cv-5484, in the U.S. District Court for the Central District of California.