Starkist named in class action lawsuit for allegedly under filling cans of tuna

Starkist

This is a class action lawsuit on behalf of purchasers of 5-ounce cans of StarKist Chunk Light Tuna in Water, 5-ounce cans of StarKist Solid White Albacore Tuna in Water, 5-ounce cans of StarKist Solid White Albacore Tuna in Vegetable Oil, and 5-ounce cans of StarKist Chunk Light Tuna in Vegetable Oil (collectively, “StarKist Tuna”).

Plaintiff purchased one or more 5-ounce cans of StarKist Chunk Light Tuna in Water, which were under-filled and thus substantially underweight. Independent testing by a laboratory retained by Plaintiff’s counsel determined that 5-ounce cans of StarKist Chunk Light Tuna in Water contain an average of only 2.35 ounces of pressed cake tuna when measured precisely according to the methods specified by 21 C.F.R. 161.190(c). This is 17.3% below the federally mandated minimum standard of fill of 2.84 ounces for these cans. See 21 C.F.R. 161.190(c)(2)(i)-(xii). StarKist is cheating purchasers by providing 17.3% less tuna than purchasers are paying for.

The same laboratory tests revealed that 5-ounce cans of StarKist Solid White Albacore Tuna in Water contain an average of only 3.01 ounces of pressed cake tuna, which is 6.8% below the federally mandated minimum standard of fill of 3.23 ounces for these cans.  These tests also revealed that 5-ounce cans of StarKist Solid White Albacore Tuna in Vegetable Oil contain an average of only 3.11 ounces of pressed cake tuna, which is 3.7% below the federally mandated minimum standard of fill of 3.23 ounces for these cans.

Finally, these tests revealed that 5-ounce cans of StarKist Chunk Light Tuna in Vegetable Oil contain an average of only 2.81 ounces of pressed cake tuna, which is 1.1% below the federally mandated minimum standard of fill of 2.84 ounces for these cans.

Plaintiff brings this claim on behalf of himself and a nationwide class of purchasers of StarKist Tuna, for breach of express warranty, breach of the implied warranty of merchantability, breach of the implied warranty of fitness for a particular purpose, unjust enrichment, violation of the California Consumer Legal Remedies Act (“CLRA”), violation of the California Unfair Competition Law (“UCL”), violation of the California False Advertising Law (“FAL”), negligent misrepresentation, and fraud.


Nancy C. said
694 days ago
I am certainly among those who have been shorted on the amount of tuna in the can. Glad to see this suit.


Lucinda B. said
430 days ago
I bought 3 cases of this tuna and have same issue with very little tuna left after draining water. Is this class action still open?


Jennifer W. said
4 days ago
I am having the same issues. I've called and complained several times. All they can tell me is that they are sorry...that's not the image Starkist wants to put out...blah blah blah. I keep being told that they're reporting this issue...but they won't tell me to whom, just that they are reporting it.

I weigh each can. I weigh the whole can 1st. Then zero out the scale and weigh the drained water. Then zero out the scale and weigh the meat. Then zero out the scale and weigh the empty can. Starkist has accused me of using a faulty scale...they've accused me of 'not weighing them correctly', etc. My scale works fine for everything else...

My big issue here is that it's false advertising...but the nutritional information is skewed. There's, on average, right about 3oz of meat in a can. They put enough sodium in those cans for 4 oz of meat...so how much sodium am I getting? Not just that...but calories, and protein? I had one can that weighed out to less than 2 oz of meat! Ridiculous!

If you call Starkist with the codes printed in pink on the bottom of the empty cans and with the UPC code, they WILL mail you a coupon for a free replacement can. It seems I won't be paying for tuna fish for the rest of my life.

I wonder...perhaps I should call a local news station about this...some type of consumer reports...it bothers me to think of how many people aren't weighing their tuna and wasting their money on this product.

I am taking pictures of each can's weight and how the weight is distributed (ie, total closed is 6 oz, 3 oz meat, 1 oz empty can, 2 oz water drained).

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