Stuff like this gives lawyers a bad name.
A lawsuit filed Tuesday in a California federal court claims Nestlé packages some of its Raisinets in opaque movie-theater-style containers that lead customers to believe they are buying a full box, when in fact only 60% of the box contains chocolate-coated raisins.
The plaintiff—Sandy Hafer, a California resident who allegedly bought Nestlé’s Dark Chocolate Raisinets—claims that she and other candy consumers had relied on Nestlé’s “deceptive packaging” in deciding to buy the Raisinets. According to the suit, which seeks class-action status, had Ms. Hafer and others known the boxes weren’t full, they wouldn’t have bought the candy or would have paid significantly less.
Stuff like this gives regulators a bad name.
Federal law governing “slack fill”—or the empty space in a container—says a container is filled in a manner that is misleading if it contains slack fill that doesn’t have a functional purpose, like protecting the package’s contents.
The lawsuit seeks at least $5 million in damages that would include refunds for potential class members, plus any interest accrued. A 3½-ounce box of Raisinets sells for $1 at Target Corp. stores and has as many calories as a McDonald’s double cheeseburger.