Welch’s Class Action Says Fruit Snacks Packaging Deceives Consumers

A class action lawsuit claims the packaging for Welch’s Fruit Snacks is designed to make consumers think they’re getting more product than what’s actually in the box.

Plaintiff Kristin Grisham says defendant Welch Foods Inc. has been leaving too much empty space, or “slack-fill,” in the packaging for its Welch’s Fruit Snacks. The alleged excess of slack-fill runs contrary to federal and state consumer protection laws, she claims.

The Welch’s Fruit Snacks at issue are gummy, multicolored, fruit-flavored snacks, some varieties of which have a yogurt- or peanut butter-based coating. Grisham’s complaint lists 14 specific varieties of Welch’s Fruit Snacks.

A 9-ounce box of Welch’s Fruit Snacks holds 10 individual plastic-wrapped pouches of snacks, at 0.9 ounces each. Grisham says each pouch contains an unacceptable amount of slack-fill, and the box itself contains slack-fill between the pouches.

Both the box and pouches are made of non-transparent materials, making it impossible for consumers to see exactly how much product is inside, Grisham says.

The Welch’s class action argues that consumers reasonably assume that the size of a product’s packaging is a representation of the amount of product inside, and that each package contains a full complement of product – not empty space.

Grisham cites studies conducted by the Cornell Food and Brand Lab that suggests larger packages tend to deceive consumers.

The director of the lab says that when faced with a choice between a larger package and a smaller package, both of which contain the same amount of product, consumers tend to choose the larger package on the assumption it’s a better value.

The plaintiff says she bought a box of Welch’s Fruit Snacks from a Kroger store in Rolla, Mo. Based on the size of the box, she was led to believe she was getting more fruit snacks than she actually was.

Had she known how much empty space there was inside the box she was purchasing, Grisham says, she would either not have purchased them or would have paid less for them. Her Welch’s class action lawsuit raises claims under the Missouri Merchandising Practices Act and a common law claim for unjust enrichment.

Grisham originally filed this Welch’s class action lawsuit in the circuit court for Phelps County, Mo. Welch’s has since removed the action to a Missouri federal court.

Grisham seeks to represent a plaintiff Class consisting of all Missouri citizens who purchased the Welch’s Fruit Snacks at issue within the five years preceding the filing of this Welch’s class action lawsuit.

She is asking the court for an award of damages, restitution and disgorgement, plus court costs and attorneys’ fees.

The plaintiff is represented by attorneys David L. Steelman, Stephen F. Gaunt and Patrick J. Horsefield of Steelman Gaunt & Horsefield.

The Welch’s Fruit Snacks Slack-Fill Class Action Lawsuit is Kristin Grisham v. Welch Foods Inc., et al., Case No. 4:17-cv-00003, in the U.S. District Court for the Eastern District of Missouri.

UPDATE: The Welch’s Fruit Snacks Slack-Fill Class Action Lawsuit was voluntarily dismissed on October 26, 2018.