Target sued over allegedly slack-filled Good & Gather peach slices

Target slack-fill class action overview:

• Who: Plaintiff Simon Oh filed a class action lawsuit against Target Brands Inc., doing business as Good & Gather.
• Why: Oh claims Target misleads consumers by selling freeze-dried peach slices that contain too much slack-fill.
• Where: The class action lawsuit was filed in California federal court.

A new class action lawsuit accuses Target of misleading consumers by selling freeze-dried peach slices that contain too much slack-fill.

Plaintiff Simon Oh filed the class action complaint against Target Brands in California federal court, alleging violations of California’s consumer protection laws.

According to the lawsuit, Target sells Good & Gather freeze-dried peach slices in packaging that is more than half empty.

The class action lawsuit claims Target sells the product in opaque containers, which prevents consumers from seeing the actual amount of fruit inside before purchasing.

“Defendant markets the Product in a systematically misleading manner by representing it as adequately filled when, in fact, it contains an unlawful amount of empty space or ‘slack-fill,’” the lawsuit alleges.

Oh claims Target’s packaging does not include any information, such as a fill line, to inform consumers about the actual quantity of the product relative to the size of the container.

Lawsuit: Target freeze-dried peach slices slack-fill serves no lawful purpose

Oh alleges Target intentionally underfills the freeze-dried peach slices to save money and deceive consumers into buying its product over competitors’ products.

“Defendant’s slack-fill scheme not only harms consumers, but it also harms its competitors who have implemented labeling changes designed to alert consumers to the true amount of product in each container,” the lawsuit says.

According to the lawsuit, Target’s slack-fill serves no lawful purpose, as the freeze-dried peach slices do not require extra space for protection, settling or any other specific function.

Oh seeks to represent anyone who purchased Target’s freeze-dried peach slices in California in the last four years. He is suing for violations of California’s Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act. 

He is seeking certification of the class action, damages, restitution and an order enjoining Target from continuing to sell the product with slack-fill.

In May, consumers filed a class action lawsuit against Target for falsely advertising that its Good & Gather pasta sauces contain “no artificial colors, flavors or preservatives” despite containing citric acid, which they allege is an artificial preservative.

What do you think of the allegations made in this Target class action lawsuit? Let us know in the comments.

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

The Target slack-fill class action lawsuit is Oh v. Target Brands Inc., Case No. 2:25-cv-06843, in the U.S. District Court for the Central District of California.

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