(NEW YORK) -- Sandy Hafer of California is suing Nestlé SA for allegedly underfilling boxes of its Raisinets candy, according to the Wall Street Journal.
The lawsuit, which was filed Tuesday in a California federal court, claims boxes of Raisinets sold in movie theaters mislead customers into thinking they are buying a full box, when in fact only 60 percent of the box is filled.
Hafer claims that candy consumers are misled by Nestlé’s “deceptive packaging” when buying the candy. Had she and others known the boxes weren’t filled to capacity they wouldn’t have bought the candy or expected to have paid less. Ms. Hafer’s suit seeks class-action status.
A Nestlé spokeswoman said the claims are unfounded: “All Nestlé products and labels comply with FDA regulations and provide consumers the information they need to make informed purchasing decisions.”
“Slack fill” is the empty space in a container, and federal law says a container filled in such a manner is misleading if the empty space doesn’t have a functional purpose, like protecting the package’s contents.
The lawsuit alleges the 40 percent of empty space in Raisinets is “non-functional.”
Hafer’s lawsuit seeks at least $5 million in damages plus interest.
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