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Four New York consumers have filed a proposed class action lawsuit against the maker of Barilla pasta, claiming the company deceptively under-fills boxes of certain pasta products.
Plaintiffs Alessandro Berni, Giuseppe Santochirico, Domenico Salvati, and Massimo Simioli claim that Barilla substantially under-fills the boxes of its brands marketed as healthier options and are labeled as “Gluten Free,” “Whole Grain,” “ProteinPLUS,” and “White Fiber,” among others.
According to the complaint, Barilla packages these specialized pastas in what appears to be the same-sized boxes as its iconic blue box standard pasta products.
For example, the standard “enriched macaroni product” version of elbow pasta is sold one-pound (454 grams) per box. However, ProteinPLUS elbows are sold 14.5 ounces (411 grams) per box and the Whole Grain elbows are sold 13.2 ounces (375 grams) per box.
The plaintiffs allege that Barilla continues to sell all three types of elbow pasta in boxes that appear to be the same size when displayed on the shelf of a supermarket and contend that Barilla also uses this deceptive practice when selling other shapes of pasta such as spaghetti, penne, and shells.
Berni says that on at least one occasion in 2016, he purchased a 12-ounce (340 gram) of Gluten Free penne and other Barilla Whole Grain pastas.
The plaintiff claims he had a reasonable expectation that these boxes were full of pasta and was unaware that, in fact, the Gluten Free pasta contained approximately 25 percent less pasta and the Whole Grain pasta contained 17 percent less than they were allegedly designed to hold.
Similarly, plaintiffs Salvati, Simioli, and Santochirico assert that as a result of Barilla’s deceptive packaging, they were overcharged.
“By using the traditional-sized boxes that have been recognized in the consumer marketplace for many years, but under-filling them, Barilla deceptively misleads consumers into thinking that they are purchasing the same quantities of pasta as they had historically when they purchased the standard ‘enriched macaroni product’ version,” the Barilla class action lawsuit states.
While the Barilla lawsuit concedes that the boxes do identify the new reduced net weight in small print at the bottom of the box, consumers are not otherwise informed of this material change in the quantity of pasta inside or that the boxes are substantially underfilled, with Barilla unfairly capitalizing on the market for health-conscious products, the lawsuit states.
The plaintiffs are bringing claims of violation of New York food misbranding laws and are seeking to represent a Class of consumers who purchased Barilla “Gluten Free,” “Whole Grain,” “ProteinPLUS,” and “White Fiber” pastas for personal, family, or household use and were misled by Barilla’s deceptive practice of underfilling pasta boxes.
The plaintiffs are represented by Robert I. Harwood, Daniella Quitt, and Benjamin I. Sachs-Michaels of Harwood Feffer LLP; Ronen Sarraf and Joseph Gentile of Sarraf Gentile LLP.
The Barilla Deceptive Pasta Packaging Class Action Lawsuit is Alessandro Berni, et al. v. Barilla S.p.A., et al., Case No. 1:16-cv-04196, in the U.S. District Court for the Eastern District of New York.
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83 thoughts onBarilla Class Action Claims Pasta Boxes Are Deceptively Underfilled
My goodness, been buying this brand for years every since they sent me a coupon to try it for free. Now I know why!
no matter what we buy these day’s, the boxes are smaller or content and can
s are smaller. However….the prices have all gone up !
I used to have leftovers, enough for a second meal there hasn’t been enough for a full second meal.
Just bought 5 boxes yesterday……….hmmmmmm
I also only buy Barilla Pasta Brands and also noticed the boxes are short filled. Very disappointing…
im just glad that savvy consumers have brought this to light. sad it is from a company i have used and trusted for years
I agree with you.
It’s clearly marked on the package how much is in the box. I’d understand if you weren’t getting what the box said but get over yourself that they didn’t spend the money to make a special sized box for every different type of pasta and just reused the same sizes.
I have found unfilled boxes that I bought in 2013 and 2014.
I have noticed for months now the quantity in the Barilla Plus Spaghetti has gotten smaller when the package has always stated 14.25 oz. Why do they get away with this?
This is crazy, how consumers are always being cheated and taken advantage of… You can never just go and buy something . You have to always be watchful of being cheated or something
I buy this all the time , and have notice not much in the boxes of Barilla . My husband notice it to one day . It’s not fair for middle class families trying to get by on small pay check for company’s to rip us off ..