Boulder Brands named in class action alleging Glutino products are slack-filled.

Boulder Brands

California’s Fair Packaging and Labeling Act provides: “No food containers shall be made, formed, or filled as to be misleading.” (California Business & Professions Code § 12606.2(b).) “A container that does not allow the consumer to fully view its contents shall be considered to be filled as to be misleading if it contains nonfunctional slack fill.” (California Business & Professions Code § 12606.2(c).) Section 12606.2(c) defines “slack fill” as “the difference between the actual capacity of a container and the volume of product contained therein.” According to the complaint, Boulder Brands USA, Inc., maker of Glutino Gluten Free Pretzels, markets and sells its pretzel products in packaging that is 40% empty space.

COMPLAINT

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