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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.
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766 thoughts onStarKist Class Action Says Company Underfills 12-Ounce Tuna Cans
Is this still on going? I have not received any up dates in my email. I check back here periodically for updates but would be easier if I got updates in my email which I signed up for.
Please add my name to this list. Ive bought nothing but StarKist for more than 30 years Solid White Albacore average of 12 cans a month minimum.
I signed up over a year ago and am still waiting on my vouchers to get more Tuna. What is the hold up.
Add me to the list. Cans are under filled.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
Several of us have been waiting we filed a claim ihave our case code and claim nu.bers please notify me katherine r.hill 2602 so union ave apt C108 tacoma.wash 98405 case # 60927354901 others naomi r
Please add me to the list. Thos is so wrong
Tuna is expensive we use it weekly, a lot, and for the company to be cheating we consumers, Wrong!
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
I submitted all the receipts for over a year until now there is no final settlements?
not enough tuna meat after opening the can FALSE ADVERTISEMENT
please add me to the list
Please add me to the list
please add my name to the list
Please add my name to list