Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
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.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
83 thoughts onBarilla Class Action Claims Pasta Boxes Are Deceptively Underfilled
Please add me
Add me please
I buy Barilla products every week. I’m just hearing about this. How do I join this ca lawsuit?
I looked in the pantry (with my reading glasses on) and was disgusted to read the actual weight ?
on the box I THOUGHT was 16z!!! Please add me!
we have been purchasing Barilla pastas for years. the boxes do state Net Wt 16 ozs, however every time I have weighed the pasta, it is usually 15.2 to 15.5 ozs. I have never weighed out a box that the net weight was 16 ozs. I have pictures to prove it as well. I would be glad to join in the lawsuit if possible.