PepsiCo faces class action over half-filled PopCorners chip bags

PopCorners slack-fill class action overview:

• Who: Plaintiff Bonnie Reyes filed a class action lawsuit against PepsiCo Inc.
• Why: Reyes alleges PepsiCo uses nonfunctional slack-fill in its PopCorners packaging.
• Where: The PopCorners slack-fill class action was filed in a California federal court.

A new class action lawsuit claims PepsiCo uses nonfunctional slack-fill in its PopCorners packaging.

Plaintiff Bonnie Reyes filed the class action complaint against PepsiCo on June 1 in California federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, PepsiCo manufactures and sells a popular line of popped corn snack products throughout California. However, the company allegedly uses oversized packaging that does not reasonably inform consumers that the products are over half empty.

The lawsuit focuses on PopCorners Sea Salt, which is sold in opaque containers.

Reyes claims PepsiCo’s slack-fill scam dupes unsuspecting consumers across America into paying premium prices for empty space.

PopCorners slack-fill scheme harms competitors, plaintiff argues

Reyes claims PepsiCo markets the PopCorners product in a systematically misleading manner by representing it as adequately filled when it actually contains an unlawful amount of empty space or slack-fill. She claims PepsiCo underfills the product for no lawful reason.

According to the PopCorners slack-fill lawsuit, the front of the product’s packaging does not include any information that would reasonably apprise consumers of the quantity of product relative to the size of the container, such as a fill line.

The plaintiff alleges PepsiCo underfills the PopCorners product to save money and to deceive consumers into purchasing the product over its competitors’ products. She claims PepsiCo’s slack-fill scheme not only harms consumers but also harms competitors who have implemented labeling changes designed to alert consumers to the true amount of product in each container.

Reyes argues PepsiCo’s alleged slack-fill scheme violates the California Consumers Legal Remedies Act, the Unfair Competition Law and the False Advertising Law.

Reyes seeks to represent a California class of consumers who bought PopCorners for personal use and not for resale during the four years prior to the filing of the complaint and seeks certification of the class action, damages, restitution and disgorgement, fees, costs and a jury trial.

In related news, a class action lawsuit accuses e.l.f. Cosmetics of deceptively packaging its Holy Hydration! Gentle Peeling Exfoliant and Glossy Lip Stain in oversized containers that are up to 50% empty, allegedly misleading consumers about product quantity.

What do you think of the allegations made in this PopCorners slack-fill class action? Let us know in the comments.

The plaintiff is represented by Scott J. Ferrell and Victoria C. Knowles of Pacific Trial Attorneys APC.

The PopCorners slack-fill class action lawsuit is Reyes v. PepsiCo Inc., Case No. 2:25-cv-04951, in the U.S. District Court for the Central District of California.

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