StarKist Class Action Says Company Underfills 12-Ounce Tuna Cans

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StarKist was hit with a class action lawsuit alleging the company underfills its 12-ounce tuna cans.

Plaintiff Donald Puckett alleges in his class action lawsuit that StarKist Co. shorts consumers for various tuna products, including its 12-ounce cans of StarKist Solid White Albacore Tuna In Water, StarKist Chunk Light Tuna in Water, StarKist Solid White Albacore Tuna in Vegetable Oil, and StarKist Chunk Light Tuna in Vegetable Oil.

According to the StarKist class action, the tuna cans at issue are labeled as containing nine ounces of tuna in a 12-ounce can in a “pressed cake” form; however, independent testing shows that the cans include “significantly less” than nine ounces of tuna.

StarKist recently paid $12 million to settle a similar class action lawsuit (Hendricks v. StarKist Co.) alleging the company caused consumers to overpay for underfilled cans of tuna. Under the terms of that settlement, consumers will receive vouchers redeemable for StarKist products.

This class action notes the StarKist settlement and alleges that case was limited to five ounce can varieties, prompting Puckett to check the 12-ounce can varieties.

“Defendant’s failure, after the notice provided by the Hendricks case, to check and monitor compliance of its Accused Products with its [Principal Display Label] labeling and with the [Food and Drug Administration] underfilling regulations shows reckless indifference and disregard toward the accuracy of its representations and/or intentional misrepresentation,” alleges the StarKist class action lawsuit.

Puckett claims the FDA regulates the range of the amount of product that should be in a food container and the cans he had tested were below the amount required under the regulations.

“Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons,” alleges the StarKist class action, citing FDA regulations.

Further, alleges the class action lawsuit, the plaintiff and other consumers would not have purchased the 12-ounce varieties of canned tuna if they had known they did not contain the amount of tuna as advertised, or they would have paid a lower price.

The plaintiff seeks to represent a nationwide Class of consumers who purchased one or more of the varieties of 12-ounce cans of StarKist tuna as well as an Oregon subclass. The plaintiff claims that StarKist has committed fraud and was unjustly enriched by the alleged underfilling. The plaintiff also claims that StarKist is in violation of the Oregon Unlawful Trade Practices Act.

The plaintiff is seeking a court order stopping StarKist from selling allegedly underfilled and mislabeled cans of tuna. The plaintiff notes in his complaint that if more than 30 days pass without the appropriate steps or remedial action by StarKist, he will amend the class action complaint to pursue damages against the company.

Puckett is represented by Rick Klingbeil PC.

The StarKist 12-Ounce Can Class Action Lawsuit is Donald Puckett v. StarKist Co., Case No. 3:17-cv-01416-HZ, in the U.S. District Court for the District of Oregon, Portland Division.