A new class-action lawsuit was filed in California federal court against PepsiCo, alleging its PopCorners Sea Salt snack bags use deceptive “slack-fill.” According to the complaint, the opaque, oversized bags contain significantly less product than they appear to, misleading consumers about the actual quantity inside. The suit claims this nonfunctional empty space causes customers to unknowingly pay premium prices for underfilled bags.
The suit argues that PepsiCo intentionally uses the empty space to cut production costs while making the bags look fuller, without any lawful justification. The packaging also lacks a fill line or any other clear indicator to show how much product is actually inside, further contributing to the alleged deception.
Plaintiffs state that this misleading packaging not only tricks consumers but also gives PepsiCo an unfair advantage over competitors who provide more transparent labeling. The lawsuit claims violations of California’s Consumers Legal Remedies Act, Unfair Competition Law, and False Advertising Law.
The proposed class would include Californians who purchased PopCorners for personal use in the past four years. Plaintiffs seek class certification, restitution or disgorgement of profits, damages, attorney fees, and a jury trial.
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