Lamb Weston Holdings, Inc. is staring down a proposed class action wherein a consumer alleges the company packages its Alexia Sweet Potato fries with more than 50 percent empty space—or non-functional slack-fill.
The lawsuit states California law prohibits companies from using deceptive packaging and labeling for their products. More specifically, the suit says, California’s Fair Packaging and Labeling Act is designed to protect consumers from companies who may not provide the most accurate information as to the quantity of a product inside certain packages. While there are exceptions to the California law, the complaint claims the defendant’s Alexia Sweet Potato Fries do not meet any such criteria.
Because the product’s opaque packaging allegedly didn’t allow consumers “to fully view its contents,” the lawsuit argues that consumers “expected to receive more Alexia Sweet Potato fries product than was actually being sold” and were surprised by the apparent nonfunctional slack-fill inside.
“As such, the packaging is per se illegal,” the case attests.