Annie’s Bunny Fruit Snacks Are 75% Empty, Class Action Lawsuit Claims

A New York woman has filed a class action lawsuit alleging Annie’s Bunny Fruit Snacks packages are underfilled.

Lead plaintiff Jessica Klausner says consumers’ decision to purchase a product is often based on the product’s packaging, and Annie’s Bunny Fruit Snacks packages give the impression they contain a more substantial amount than what they actually do.

According to the class action lawsuit, studies show 75% to 80% of average consumers don’t even look at a product label, “no less the net weight,” but may look at the nutritional information.

“While a reasonable consumer does not expect the food package to be bursting at the seams, he or she does expect there to be an amount of product in the box that bears a reasonable relationship to the size of the package,” the class action lawsuit states.

The class action lawsuit maintains Annie’s intentionally packages its Bunny Fruit Snacks in opaque containers “constructed in such a way that the consumer cannot fully view the contents.”

However, even if consumers could see inside the package, allegedly all they would see is five secondary packages, and they would still not know the “amount of edible product” in each secondary package.

According to the Annie’s Bunny Fruit Snacks class action lawsuit, each of the five secondary, flexible pouches contains 0.8 ounces of product, for a total product weight of 4 ounces.

The plaintiff argues average consumers “cannot mentally convert a net weight number into a visual volume,” and thus, the Annie’s Bunny Fruit Snacks packages are made and filled to intentionally mislead consumers. 

In addition, the front of the package does not indicate the number of individual fruit snacks contained in the entire package or in each secondary packet.

Because of the interior, secondary packaging, consumers aren’t able to “shake or otherwise manipulate” the Annie’s Bunny Fruit Snacks packages and determine how much product the package holds, the complaint says.

The class action lawsuit argues the interior packaging is unnecessary because Annie’s Bunny Fruit Snacks are not fragile.

“The sole purpose of the secondary packaging (the pouches) is to ‘bulk up’ the interior of the cardboard adding to the deception that there is more product in the cardboard container than there actually is,” the class action lawsuit says.

“The secondary packages were themselves only about 50% full of edible product.”

According to the Annie’s Bunny Fruit Snacks class action lawsuit, when the fruit snacks are removed from the secondary packaging and the total fill is calculated in relation to the whole package, “there is almost 79 percent slack fill.” Slack-fill is the difference between a container’s actual capacity and the volume of product actually contained within it.

The plaintiff alleges violations of New York General Business Law, negligent misrepresentation, breaches of express warranty and implied warranty of merchantability, violations of the Magnuson Moss Warranty Act, fraud and unjust enrichment.

The proposed Class would consist of any New York resident who purchased Annie’s Bunny Fruit Snacks during the statutes of limitations.

Annie’s is facing a similar class action lawsuit over allegations that its Annie’s Homegrown cereals come in half-filled boxes.

As in the fruit snacks class action lawsuit, the plaintiff in the Annie’s Homegrown cereal lawsuit alleges that the company uses opaque containers to hide the lack of contents in the cereal boxes.

With Annie’s Bunny Fruit Snacks class action lawsuit, the plaintiff is seeking preliminary and permanent injunctive relief directing Annie’s to correct the alleged illegal practices; restitution and disgorgement; monetary damages and interest; court costs and expenses; and any other relief the Court deems just.

She also demands a jury trial.

Have you purchased Annie’s Bunny Fruit Snacks? Did you think the packages were underfilled? Let us know in the comments.

The plaintiff is represented by Spencer Sheehan of Sheehan and Associates PC.

The Annie’s Bunny Fruit Snacks Class Action Lawsuit is Jessica Klausner, et al. v. Annie’s Inc., Case No. 7:20-cv-08467, in the U.S. District Court for the Southern District of New York.

Read About More Class Action Lawsuits & Class Action Settlements:

$66.7M Bank Fees Class Action Settlement Reached with Chase, Wells Fargo & BoA

Class Action Rebates | October 2020

Roundup Settlement Talks Are Back on Track, Lawyers Say

Aetna vs. Cigna: Which Provides Better Long Term Disability Insurance?