SAN FRANCISCO (Legal Newsline) - A San Francisco man is suing a food and beverage conglomerate, alleging certain of its product packages contain non-functional slack fill.
Anthony Bush of San Francisco, individually and for all others similarly situated, filed a class action lawsuit May 5 in U.S. District Court for the Northern District of California against Mondelez International Inc., Mondelez Global LLC, and Does 1-10, alleging breach of implied warranty, unjust enrichment, negligent misrepresentations, fraud and violations of California business and civil codes.
The suit alleges the defendants falsely and deceptively misrepresent the quantity of food contained in each unit of its "Go-Paks." According to the complaint, the small, cup-sized Go-Paks, which contain such products as Oreos and Teddy Grahams, are packaged in a way that conceals the contents.
The lawsuit states reasonable consumers believe they are purchasing a container full of the advertised product when, in fact, the containers are under-filled by 25 percent or more.
Bush and others in the class seek a jury trial, actual and punitive damages, restitution, injunctive relief, interest, attorney fees and costs of the suit. They are represented by attorneys Ryan J. Clarkson and Shireen M. Clarkson of Clarkson Law Firm PC in Los Angeles.
U.S. District Court for the Northern District of California Case number 3:16-CV-02460-JCS