Glutino Class Action Says Gluten Free Pretzels Packages are 40% Empty

The makers of a gluten free pretzel snack Glutino have been hit with a class action lawsuit alleging the company cheats consumers with a nearly half empty bag.

Lead plaintiff Mark Cordes claims in the Glutino class action lawsuit that he and other consumers were tricked by Glutino Gluten Free Pretzel product packaging into purchasing snack packages that were 40 percent empty.

The plaintiff says the makers of Glutino products, Boulder Brands USA, “unlawfully and unfairly” packaged the products in opaque containers to trick consumers into thinking they were purchasing more.

“The average consumer spends a mere 13 seconds making an in-store purchasing decision, or between 10 to 19 seconds for an online purchase,” claims the Glutino pretzels class action lawsuit. “That decision is heavily dependent on a product’s packaging, and particularly the package dimensions.”

According to the Gluntino gluten free pretzels class action lawsuit, Mark purchased the company’s Glutino Gluten Free Fudge Covered Pretzels in June 2018. He says that when he opened the package to enjoy the treat, he was surprised to find that the package was only 60 percent full, while 40 percent of the package was filled with “slack-fill.”

The plaintiff says that he has purchased Glutino Gluten Free Fudge Covered Pretzels over the past four years in his home state of California.

The Glutino class action lawsuit points out that slack-fill is empty space that both naturally occurs as the product settles during transportation and is also classified as space that companies use to protect the product.

However, companies that deceptively incorporate too much slack-fill, also known as nonfunctional slack-fill, can be in violation of state and federal laws, alleges the plaintiff.

According to the Glutino pretzels class action lawsuit, the company purposefully uses opaque containers for Glutino Gluten Free Pretzels in order to deceive consumers into thinking they are getting more for their money.

“The containers (1) do not allow consumers to fully view its contents; and (2) contains nonfunctional slack fill,” alleges the Glutino class action lawsuit. “As such, the packaging is per se illegal. Defendant is selling and will continue to sell the Glutino Gluten Free Pretzels products using these illegal slack-filled containers.”

The Glutino class action lawsuit alleges that thousands of consumers have been deceived by Glutino Gluten Free Pretzel product packaging because it is opaque. Further, the excess slack-fill serves no purpose, says the plaintiff.

“Most consumers purchased the products without knowing that the containers were substantially empty,” alleges the Glutino class action lawsuit.

The Glutino pretzels class action lawsuit seeks to represent a Class of California residents who purchased Glutino Gluten Free Pretzel products allegedly filled with nonfunctional slack-fill.

In addition to damages, the Glutino chocolate pretzels class action lawsuit seeks a court order stopping the company from using nonfunctional slack-fill in its opaque packaging to allegedly deceive consumers.

Cordes is represented by Scott J. Ferrell of Pacific Trial Attorneys PC.

The Glutino Gluten Free Pretzels Class Action Lawsuit is Cordes v. Boulder Brands USA Inc., Case No. 2:18-cv-06534, in the U.S. District Court for the Central District of California.