Justin’s Class Action Says Peanut Butter Cups’ Packaging is 40% Empty

A class action lawsuit claims that Justin’s Peanut Butter Cups’ packaging contains too much empty space, and surpasses the permitted level of non-functional slack-fill.

Plaintiff Howard Clark says that he purchased the Justin’s Mini Peanut Butter Cup product in October 2018 at a Target in San Fransisco.

The Justin’s class action lawsuit alleges that Clark purchased the product to enjoy the candy inside, and was surprised when he opened the candy container and discovered that it was 40 percent empty.

Clark says that he was deceived by the packaging, believing the container would be more full when he looked at it.

According to the Justin’s Peanut Butter Cup class action lawsuit, Clark was financially injured by his purchase, because had he known that the product contained significantly less candy than the package could hold, he would not have purchased it at all or would not have paid as much for it.

Clark aims to hold Justin’s Nut Butter LLC accountable for deceptively marketing their products and tricking consumers into believing they were getting more candy than was in the package in reality. He seeks damages on behalf of himself and all other similarly affected consumers.

According to the Justin’s Peanut Butter Cups class action lawsuit, California law prohibits manufacturers from including too much empty space in a product’s packaging, because it is considered as being deceptive and misleading to consumers.

In support of the claim that consumers are deceived by packaging, the Justin’s class action lawsuit says that most consumers rely almost solely on the product’s packaging to make a purchasing decision, and rarely feel the contents or look at any table informant like net weight.

The Justin’s peanut butter class action says consumers usually buy a product in a larger container because they believe it is a better value than a product in a small box.

According to Clark, Justin’s knew that packaging was a major deciding factor for consumers in making purchasing decisions, and intentionally packaged their products in containers that would entice consumers into purchasing Justin’s products over its competitors.

The Justin’s peanut butter cup class action lawsuit goes on to say that California law considers empty space in a package to be “slack-fill,” and notes that some slack-fill may be necessary to protect the product or is necessary to seal the product in the manufacturing product.

This is alleged considered “functional slack-fill” and is allowed by law. However, “non-functional slack-fill” is not allowed by California law, because it is considered deceptive to consumers.

Allegedly, the slack-fill in the Justin’s Peanut Butter Cup product is not functional, and is therefore not in accordance with California law.

Clark is represented by Ronald A. Marron and Michael Houchin of the Law Offices of Ronald A. Marron and by Scott J. Ferrell of Pacific Trial Attorneys.

The Justin’s Peanut Butter Cup Packaging Class Action Lawsuit is Howard Clark v. Justin’s Nut Butter LLC, Case No. 3:18-cv-06193-JCS, in the U.S. District Court for the Northern District of California.