Tristar Food, Kindly King Foodstuff sued over alleged egg roll product slack-fill

By Robbie Hargett | Dec 18, 2015

BROOKLYN, N.Y. (Legal Newsline) – A New York resident is suing food products manufacturers over claims their egg roll product contains illegal slack-fill.

Miao Xin Hu and John Does 1-100, individually and for all others similarly situated, filed a class action lawsuit Dec. 7 in the U.S. District Court for the Eastern District of New York against Tristar Food Wholesale and Kindly King Foodstuff (Zhongshan), alleging violations of the Federal Food Drug & Cosmetic Act and violations of statutes in every state designed to protect consumers against unfair, deceptive, fraudulent, and unconscionable trade and business practices and false advertising.

The defendants sell an egg roll product known as Hong Kong Sovereign Emperor Luxury Egg Roll, which is packaged in a tin box with a net weight of 400 grams. The suit states the product's containers are formed or filled as to be misleading, containing nonfunctional slack-fill in the form of an inch-high false bottom inside the tin box packaging.

According to the suit, the size of the box in comparison to the actual product makes it appear that consumers, including Hu and others in the class, are buying more than what is actually being sold. These consumers are deceived into purchasing the product at a premium price, the suit states.

Hu and others in the class seek compensatory and punitive damages, restitution, interests, injunctive relief, attorney fees and costs of the suit. together to exceed $5 million. They are represented by attorneys C.K. Lee, Anne Seelig and Shanshan Zheng of Lee Litigation Group in New York City.

U.S. District Court for the Eastern District of New York Case number 1:15-CV-06954-DLI-PK

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