Recently, a class action lawsuit came about surrounding the Beech-Nut Corporation, and moreover its baby cereal products. To note, Beech-Nut manufactures baby food products that are sold at retail stores nationwide. The company relies on its brand recognition in the labeling, marketing and selling of its products.
The complaint states that Beech-Nut Nutrition Corporation intentionally packaged its baby cereal products, including Rice, Oatmeal, Oatmeal & Mixed Fruit, Multigrain and Oat & Quinoa (collectively “Baby Cereal Products”) in opaque boxes that contain approximately 60% empty space (think: your favorite bag of potato chips). Consumers, who relied on the size of the boxes, will of course pay a higher price for the Baby Cereal Products, which they would not have otherwise had they known the boxes were substantially empty.
Ms. Carmen Vargas brings this Complaint for damages, injunctive relief, and any other available legal or equitable relief, resulting from the unlawful and deceptive actions of Beech-Nut regarding the packing of its Baby Cereal Products. Vargas alleges her complaints upon her personal knowledge, acts and experiences, and, as to all other matters, upon information and belief, including the investigation her attorneys conducted.
Vargas purchased a Baby Cereal Product, which is packaged in a non- transparent box, and expected to receive a full box of product. Vargas was surprised and disappointed when she opened the Product to discover the box had roughly 60% empty space, or “slack-fill.”
The complaint goes on to mention that had Ms. Vargas known about the slack-fill at purchase time, she would not have bought Beech-Nut’s Baby Cereal Product. Beech-Nut’s conduct violates consumer protection and labeling laws. Beech-Nut has been unjustly enriched as a result of this: it has collected millions of dollars from the sale of its Baby Cereal Products that it would not have otherwise earned.
Though it may list the weight on the side of the box, the average consumer is going to see the product in front of them and make automatic judgments – it’s only natural. This kind of packaging has been considered by the court as deceptive before, and this case certainly holds some merit.
If you believe to be affected by Beech-Nut’s alleged wrongdoing personally please contact us immediately! We will be able to guide you through your next steps with the company or within the class action. There could be money in this mistake for you, don’t get cheated!