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Wednesday, April 24, 2024

Lawsuit: Seven-pound bags of ice are under-filled

Federal Court

CINCINNATI (Legal Newsline) – An Ohio ice company is facing a class action lawsuit over allegations it is deceiving customers by under-filling its seven-pound bag of ice. 

Rick Pansiera, on behalf of himself and all others similarly situated, filed a complaint  Dec. 9 in the U.S. District Court for the Southern District of Ohio against The Home City Ice Co., alleging breach of express warranty, breach of implied warranty of merchantability,  unjust enrichment, violation of Ohio's Deceptive Trade Practices Law, Indiana's Deceptive Consumer Sales Act, negligent misrepresentation and fraud.

Pansiera claims in his suit that Home City's seven-pound ice bag, which is sold to retailers in several states, actually weighs less than seven pounds and is under-filled in order to add to the company's "bottom line." His suit states one bag weighed around five pounds.

He alleges Home City has represented its revenue in 2018 as $183 million.

Pansiera seeks compensatory and punitive damages of more than $5 million, a trial by jury, interest and all other just relief. He is represented by Brian O'Connor and William Santen Jr. of Santen & Hughes in Cincinnati. 

U.S. District Court for the Southern District of Ohio Western Division at Cincinnati case number 1:19-CV-01042

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