SAN FRANCISCO (Legal Newsline) – A California consumer alleges a brand of peanut butter cup candy comes in a package that contains 40 percent empty space.
Howard Clark, on behalf of himself, all others similarly situated and the general public filed a complaint on Oct. 10 in the U.S. District Court for the Northern District of California against Justin's Nut Butter LLC over alleged violation of California's Consumer Legal Remedies Act and other counts.
According to the complaint, the plaintiff alleges the defendant packs its Justin's Peanut Butter Cups candy product in an opaque container with 40 percent empty space, or slack fill.
The plaintiff claims he and the proposed class of consumers paid the full price of the candy but received less product than they anticipated and expected due to the alleged non-functional slack fill in the packaging.
The plaintiff holds Justin's Nut Butter LLC responsible because the defendant allegedly violated California law because the package contains non-functional slack fill.
The plaintiff requests a trial by jury and seeks injunctive relief, compensatory and punitive damages, prejudgment interest, attorneys' fees and costs of suit, and for such other and further relief as the court deems just and proper. He is represented by Ronald A. Marron and Michael T. Houchin of Law Offices of Ronald A. Marron in San Diego, California and Scott J. Ferrell of Pacific Trial Attorneys in Newport Beach, California.
U.S. District Court for the Northern District of California case number 3:18-cv-06193-JCS