NEW YORK (Legal Newsline) – A consumer claims a brand of tortilla chips bags are filled with mostly air.
Aurora Morrison filed a complaint on behalf of herself and all others similarly situated on Jan. 22 in the U.S. District Court for the Southern District of New York against Barcel USA LLC alleging violation of the New York Deceptive and Unfair Trade Practices Act.
According to the complaint, the defendant packages its 4-ounce Takis Rolled Tortilla Chips with 64 percent slack-fill, most of which is nonfunctioning. The plaintiff claims the size of the bags causes consumers to believe they are buying more chips than what is actually sold.
The plaintiff holds Barcel USA LLC responsible because the plaintiff was allegedly damaged by paying a full price but not receiving the full amount of chips she bargained for.
The plaintiff requests a trial by jury and seeks restitution and disgorgement of all amounts, interest, compensatory and other damages, actual and statutory damages, order the defendant to cease its wrongful conduct, court costs and any further relief the court grants. She is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC in New York.
U.S. District Court for the Southern District of New York case number 7:18-cv-00531-VB