Takis Class Action Says Snack Maker Tricks Consumers into Paying for Air

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The maker of Takis Rolled Tortilla Chips has been hit with a class action lawsuit alleging the non-transparent packaging conceals the fact that purchasers are receiving fewer chips than they thought and are “effectively tricked into paying for air.”

Plaintiff Aurora Morrison claims that, on Aug. 15, 2017, she purchased 4.0 ounce packages of Takis tortilla chips in both the Zombie and Guacamole flavors.

According to the Takis class action lawsuit, Morrison paid a total of $2.98 for the two packages of Takis chips, which she believed would be functionally full.

However, Morrison claims that the bags of Takis tortilla chips she received contained approximately 64 percent slack-fill, most of which was non-functional. She claims she did not receive the full amount of chips that she bargained for, and that she suffered a financial loss because she ended up essentially paying for empty space in the bag.

The Takis class action lawsuit notes that it is appropriate for some products to have slack-fill in certain circumstances, such as when the slack-fill serves to protect the package contents, the machinery used to enclose the products cause there to be some extra space in the packaging, unavoidable settling of the product contents during shipping and handling, extra space in the packaging to allow for resealing of the package, circumstances in which the package itself is functional because it plays a role in the consumption or presentation of food, or other circumstances that may justify some slack-fill.

“While some of Defendant’s slack-fill may have functional justifications related to package requirements or the effects of settling, Defendant’s total slack-fill far exceeds the amount necessary, and almost all of the slack-fill is therefore nonfunctional,” the Takis class action lawsuit says.

Morrison points to a similarly-sized Doritos bag, which allegedly has only 33 percent slack-fill, far less than the 64 percent slack-fill alleged in the Takis class action lawsuit.

According to the Takis slack-fill class action lawsuit, defendant Barcel USA LLC manufactures, markets and sells the Takis tortilla chips product with non-functional slack-fill in violation of the federal Food Drug & Cosmetic Act and the laws of all 50 states which impose similar requirements limiting the use of slack-fill.

Morrison filed the Takis tortilla chips class action lawsuit on behalf of herself and a proposed nationwide Class of consumers who purchased Takis tortilla chips during the applicable statute of limitations. She also seeks to represent a Class of New York consumers who purchased the Takis tortilla chips.

The Takis class action lawsuit asserts claims for violations of the New York Deceptive and Unfair Trade Practices Act, false advertising, and common law fraud. Morrison is seeking restitution, disgorgement of amounts obtained as a result of the defendant’s alleged misconduct, compensatory damages, actual damages, statutory damages, pre- and post- judgment interest, attorneys’ fees and costs, and other relief deemed appropriate by the court.

Morrison is also seeking an order prohibiting the defendant from continuing to allegedly misrepresent the amount of chips in its Takis tortilla chips packages, an order requiring the defendant to engage in a corrective advertising campaign, and an order requiring the defendant to reimburse Morrison and the putative Class Members up to the purchase price of the products they purchased.

Morrison is represented by C.K. Lee and Anne Selig of Lee Litigation Group.

The Takis Tortilla Chips Slack-Fill Class Action Lawsuit is Aurora Morrison v. Barcel USA LLC, Case No. 1:18-cv-00531, in the U.S. District Court for the Southern District of New York.