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
I have been in contact with the attorney’s handling that case. I send them emails periodically and they do respond. Haven’t done it in awhile. I’ll send them another email and update my reply when I receive an answer.
I filed a few years ago, when they were telling people they would get $50 in Starkist product or $25 voucher for other products. By the time they’re done, I’ll be surprised to get more than a dollar off coupon. The lawyers playing games at lawsuits should get no more than any single person actually affected by the suit.
I never received anything from them and I filed over a year go. Once I filed and submitted my claim, I never seen or heard anything else about this. I am tired of these big companies getting the best of me. I have bought enough of this tuna to feed a community and they are going to ignore us as if we don’t exist. I deserve compensation along with any and everyone else that purchased this product. What do we need to do to get what we paid for??
You all know who owns Star Kist, right? If you don’t it’s Nancy Pelosi’s husband. So now you know why we will never see a dime of the so call settlement!!!!!! Once a crook always a crook.
I say if we do not receive our checks that we file a lawsuit against class action for false advertising and then also go after the folks that filed as well!, what say you folks ??? I bought 10 cases during the time they cheated folks where is my MONEY!!!
I never received an update, and I applied years ago.
I would also like an update……
I also signed up over a year ago (March 2017) and have never received any updates.
Please give some updates. I signed up over two years ago and nothing has been reported. Thank you
I would also like an update……
I signed up a year ago and have heard or seen nothing on updates.