A proposed class action says that containers of Glaxon Protos whey protein powder are unlawfully “slack-filled” given that more than 60 percent of the opaque, oversized package is empty.
The 33-page lawsuit against Zero Day Nutrition Company, who operates as Glaxon, contends that the company has “dupe[ed] unsuspecting consumers across America to pay premium prices for empty space.”
According to the case, Glaxon misleadingly markets the powder, and underfills containers “for no lawful reason” other than to save money and gain a leg up on competitors. Consumers relied upon Glaxon’s labeling of the product in deciding whether to buy the powder and would not have done so had they known that the inside contained excessive, non-functional slack-fill, the lawsuit says.
“The front of the Product’s packaging does not include any information that would reasonably apprise Plaintiffs of the quantity of product relative to the size of the container, such as a fill line,” the suit reads.
Slack-fill is the difference between the actual capacity of a container and the volume of product put inside that container, the lawsuit explains. Although food law allows for certain containers to be filled to less than their capacity under certain circumstances, such as when slack-fill serves to protect the contents from damage during shipping, none of those exceptions apply to the Glaxon Protos whey protein, the suit relays.
“The slack-fill in the Product’s containers does not protect the contents of the packages,” the case says. “In fact, because the Product is a nutrition supplement/powder, there is no need to protect the Product with the slack-fill present.”
Glaxon chose to use an oversized container to “convey to consumers that they are receiving a certain and substantial amount of powder product commensurate with the size of the container,” the complaint contends, calling this representation an “express warranty.” Further, the opaque nature of the container does not allow for a consumer to view the contents therein prior to opening, the suit mentions, and net weight or serving disclosures on product labels are not enough to help a consumer reasonably understand that the amount of product they’re buying is substantially less than they expect, the case argues.
The lawsuit looks to cover all consumers who bought Glaxon Protos whey protein powder in the United States for personal use and not for resale within the last four years.
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Camp Lejeune residents now have the opportunity to claim compensation for harm suffered from contaminated water.