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Nabisco-brand Go-Paks contain significantly less food than promised, according to a slack-fill class action lawsuit filed last week in California federal court.
Plaintiff Anthony Bush filed the Nabisco Go-Paks class action lawsuit on behalf of himself and other consumers who, since May 5, 2012, have purchased Go-Paks manufactured, advertised, distributed, and/or sold by Mondelez International Inc. and Mondelez Global LLC.
The Nabisco Go-Paks class action lawsuit alleges the following products are routinely under-filled: Mini Chips Ahoy!, Mini Oreo, Nutter Butter Bites, Teddy Grahams, Mini Nilla Wafers and Golden Oreo Mini.
“At all relevant times, Mondelez has packaged the Products in small, cup-shaped containers, the contents of which cannot be seen or felt at the time of purchase,” Bush alleges in the Go-Paks class action lawsuit.
Bush claims that this packaging leads consumers to reasonably believe they are purchasing a container that is full of cookies. “In reality, the Product is uniformly under-filled by 25% or more,” the Go-Paks class action lawsuit states, a practice Bush refers to as “slack fill.”
According to the Go-Paks class action lawsuit, the empty space in the products’ packaging has no function and is therefore unlawful. Bush alleges that this unlawful and misleading practice allows Mondelez to cut costs on food production “to the detriment of unsuspecting consumers.”
Bush says he has purchased each of the Go-Paks listed in the slack-fill class action lawsuit, and in each case the product was under-filled with cookies. He claims he relied on the products’ packaging when purchasing the products, believing he would receive a cup that was nearly full of cookies instead of a cup that contained at least 25 percent empty space.
According to the Nabisco Go-Paks class action lawsuit, Bush would not have purchased the products if he had known the amount of the contents was misrepresented. He states that he and the putative Class Members have lost money due to the defendants’ false and misleading representations, as they paid for cookies they never received.
The slack-fill class action lawsuit asserts that the packaging was intentional and designed to encourage consumers to purchase the Go-Paks. Bush claims that the defendants knew or should have known that the products were routinely under-filled, and that they misrepresented the quantity of the Go-Paks’ content, “resulting in profits of millions of dollars or more” to the Mondelez defendants.
The Nabisco Go-Paks class action lawsuit asserts claims for false and misleading advertising, violations of the Consumers Legal Remedies Act, breach of the implied warranty of merchantability, unjust enrichment, negligent misrepresentation and fraud.
Bush is seeking actual and punitive damages, injunctive relief, restitution, attorneys’ fees, costs of the lawsuit and other costs deemed appropriate by the court.
Bush is represented by Ryan J. Clarkson and Shireen M. Clarkson of Clarkson Law Firm.
The Nabisco Go-Paks Slack-Fill Class Action Lawsuit is Anthony Bush v. Mondelez International Inc., et al., Case No. 3:16-cv-02460-JCS, in the U.S. District Court for the Northern District of California.
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19 thoughts onNabisco Class Action Lawsuit Says Go-Paks Are Under-Filled
How do I sign up for this class action lawsuit?
The lack of filling has nothing to do with quote (weights of the product inside a container and how you need excess space in a package when filling so you dont crush the products inside) end quote. That applies to soft packaging like potato chips. Also the volume is much greater at the top than the bottom of the container. This means you really are getting much less than you see. It is a optical illusion. I understand the weight argument. They allege you cannot see or feel the product not the weight in THIS class action. In a bag of chips you can FEEL the slack or empty space. Please read what the class action is about before putting people down.
The empty space in the products’ packaging has no function and is therefore unlawful // omg this is lunacy *lol* Using this logic ANY product on the grocery store shelf could be subject to this silly lawsuit. Does this genius plantifff Anthony Bush not realize food products are sold by WEIGHT not volume? As long as theres 10 oz of product inside, it doesnt matter if the package is a tiny cup or large box. Youll get your 10 oz of cookies. It even says on the label of most things like this — note this product is sold by weight not by volume, and contets may settle during shipping. Im all for corporate accountability but this is a baseless suit.
How do I become part of this class action lawsuit?
A lot of the cookies when you get them are broken and the conatiner are never full.
Every rime half full and cookies are broken kids always want more because it’s half full. Even the adults will get 3 to equal one. Why so deceiving when you purchase you expect full container no one carries a scale to weigh them
Its sader people do not understand weights of the product inside a container and how you need excess space in a package when filling so you dont crush the products inside it when sealing / closing the package and products settling during shipping due to shaking and movement.
THANK YOU!!! finally somebody who understands common sense
So they didn’t put a ‘fill line’ on the outside of the product to fully inform buyers, because……? And other similar products from other producers don’t have similar issues, because…….?
Its not about how full the package is. The product clearly states how many ounces are supposed to be contained inside. If there are not that many ounces, they are cheating people.
Its sad the company u trust rips u off
This is very upsetting you pick product by its name very very upsetting
This is a major company why cheat the public,.,I thought I got what I paid for but I wad mislead