Taste of Nature, Inc. accused of deceptive double stuffing

Most Delicious Lineup EVER

Sierra Gillespie of Redondo Beach, California, sure can cast a wide net.

Cookie Dough Bites, Chocolate Chip Cookie Dough Bites, Fudge Brownie Cookie Dough Bites, Santa’s Village Chocolate Chip Cookie Dough Bites, Cookies N’ Cream Cookie Dough Bites, Cinnamon Bun Bites, Red Velvet Cupcake Bites, Moon Pie Bites, Strawberry Dream Bites, Birthday Cake Cookie Dough Bites, Peanut Butter Cookie Dough Bites, Muddy Bears, Shari Candies Cherry Sour Balls, Despicable Me 2 Sour Gummies, Sqwigglies and Hello Kitty Treats: Each one is named as an offending product in Gillespie’s slack-fill class action against Taste of Nature Inc., the California-based snack manufacturer that makes all of them.

Containers Within Containers Within …

Gillespie filed her complaint in the Central District of California on March 13, 2018, claiming that the products are uniformly slack-filled in such a way as to render the packaging misleading and unlawful.

Gillespie alleges that the offending Taste of Nature snacks mentioned above are packed in a plastic pouch, which is then inserted in a cardboard box. Gillespie contends that within the pouch, the packages contain 47 percent slack-fill. If the snacks are emptied into the box without the pouch, that figure jumps to 58 percent. The allegations continue by stating that this particular packaging configuration, despite its novelty, did not meet any of the traditional “safe harbor” exceptions under the law governing slack-fill because it was not so designed to protect the products or to meet the required space for nutrition labeling.

The Takeaway

Gillespie is seeking damages under the California Business and Professions Code for unfair and unlawful business acts and practices, for deceptive advertising practices, and for violations of the Consumer Legal Remedies Act of the California Civil Code. She also seeks an order enjoining the future continuation of the defendant’s packaging practices.