Annie’s Bunny Fruit Snacks Are 75% Empty, Class Action Claims
An Annie’s Bunny Fruit Snacks class action lawsuit was filed against Annie’s Inc., the maker of Annie’s Bunny Fruit Snacks, for alleged underfilled Bunny Fruit Snack products.
The lawsuit claims that customer purchase decisions are often based on product packaging and the packaging of Annie’s Bunny Fruit Snacks gives the impression that the product has more than what it actually contains.
Read about the case under the name: Jessica Klausner, et al. v. Annie’s Inc., Case No. 7:20-cv-08467, S.D. NY.
Are you affected by the allegations in this class action lawsuit? Contact us today for help.
More on Annie’s Bunny Fruit Snacks Class Action Lawsuit
According to the class action lawsuit, “while a reasonable consumer does not expect the food package to be bursting at the seams, he or she does expect there to be an amount of product in the box that bears a reasonable relationship to the size of the package.”
Studies show that 75% to 80% of average consumers don’t look at a product label nor the product’s weight as most consumers focus on the product’s nutritional information.
The lawsuit says that the Bunny Fruit Snacks are intentionally packaged in opaque containers “constructed in such a way that the consumer cannot fully view the contents.”
But even if the contents can be seen, the packaging has five secondary packages which would still hide the true “amount of edible product” in each secondary package from consumers.
Each of the five secondary, flexible pouches contains 0.8 ounces of product, for a total product weight of 4 ounces, according to Annie’s Inc. However, the average consumer “cannot mentally convert a net weight number into a visual volume,” which indicates that the packaging was done to intentionally mislead consumers.
The secondary packaging also makes it difficult for consumers to “shake or otherwise manipulate” the product to determine the amount of the product contents.
Moreover, there is no indication on the front packaging of the number of individual fruit snacks in the entire package or in each secondary packet.
The secondary packaging is not necessary as the contents are not fragile, which means that “the sole purpose of the secondary packaging (the pouches) is to ‘bulk up’ the interior of the cardboard adding to the deception that there is more product in the cardboard container than there actually is.” In fact, “the secondary packages were themselves only about 50% full of edible product.”
When all packaging is removed it was discovered that the product has an almost 79% slack fill, which is the difference between a container’s actual capacity and the volume of product actually contained within.
Annie’s Inc. has been accused of violating New York General Business Law, negligent misrepresentation, breaches of express warranty and implied warranty of merchantability, violations of the Magnuson Moss Warranty Act, fraud, and unjust enrichment.
Editor’s note on the Annie’s Bunny Fruit Snacks Lawsuit:
This piece is written about the recent Annie’s Bunny Fruit Snacks Lawsuit. If you are considered eligible to be among the class of consumers described in the class action, you may eventually be able to participate in receiving any compensation the court may award.
If you believe that what is alleged in the Annie’s Bunny Fruit Snacks class action lawsuit has affected you, please don’t hesitate to reach out to us.
We’d be happy to help you take a step in the right direction, fight this issue, and better enable you to join in on any potential consumer class action. If interested, please send an email to Outreach@ConsiderTheConsumer.com, find us on Twitter or Facebook, or even connect with us directly on our website! We look forward to hearing from you all.
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