Christina Spicer  |  August 13, 2018

Category: Consumer News

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A new class action lawsuit alleges that packages of frozen sweet potato fries sold by Alexia Foods are only half full and the opaque package prevents consumers from seeing the empty space.

Lead plaintiff Angela Kennard claims in the Alexia Foods class action lawsuit that she and other consumers were deceived by the packaging of Alexia Sweet Potato Fries with Sea Salt.

According to the Alexia Foods class action lawsuit, both federal and state consumer protection laws prohibit companies from using deceptive packaging.

Specifically, the California Fair Packaging and Labeling Act (CFLPA) states that “Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparison.”

The Alexia Sweet Potato Fries class action lawsuit contends that the company includes “nonfunctional slack-fill” in the packaging containing the sweet potato fries.

“Slack-fill” refers to a certain amount of empty space that may be included in package of food. Slack-fill is considered nonfunctional if it is present for reasons other than the following:

  • Protection of the contents
  • Due to the manufacturing and processing requirements
  • Product settling during transportation
  • Functional reasons, such as for the preparation or consumption of food
  • If the product is in a reusable container
  • Gift boxes or commemorative packaging
  • Inability to increase the fill level due to packaging restrictions, such as tamper-resistant devices

“None of the above safe-harbor provisions applies to the Alexia Sweet Potato fries products. Defendant intentionally incorporated non-functional slack-fill in its packaging of the Alexia Sweet Potato fries products,” alleges the Alexia Foods class action lawsuit. “As such, the packaging is per se illegal, and reliance upon the packaging by absent class members is presumed.”

The Alexia frozen fries class action lawsuit contains pictures of a bag of sweet potato fries. The plaintiff alleges that the picture showing a half empty bag of Alexia Sweet Potato Fries with Sea Salt is representative of what she and other consumers get when they first open the product.

The Alexia Foods class action lawsuit alleges that because consumers cannot see the contents of the product, they believe they are receiving more fries than they actually get.

“Based on Defendant’s illegal packaging, there is a presumption that product packaging, reasonable Class Members expected to receive more Alexia Sweet Potato fries product than was actually being sold,” alleges the Alexia Foods frozen fries class action lawsuit.

The Alexia Foods class action lawsuit seeks to represent California residents who purchased the company’s Sweet Potato fry products that allegedly contain nonfunctional slack-fill.

The Alexia Sweet Potato Fries class action lawsuit is seeking restitution, compensatory and punitive damages, as well as an injunction against Alexia Foods and its parent company Lamb Weston Holdings Inc.

Kennard and the proposed Class are represented by Scott J. Ferrell of Pacific Trial Attorneys, A Professional Corporation.

The Alexia Foods Sweet Potato Fries Slack-Fill Class Action Lawsuit is Angela Kennard v. Lamb Weston Holdings Inc., Case No. 3:18-cv-4665, in the U.S. District Court for the Northern District of California.

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285 thoughts onAlexia Foods Class Action Says Fry Packages are Half Empty

  1. Denise Martinez says:

    Please add me

  2. Lisa Brautigam says:

    Please add me

  3. Linda Martin says:

    Add me

  4. Stephanie Mitchell says:

    Add me

  5. michael says:

    Maybe they were half FULL not half Empty !!

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