Cans of Rockstar Energy Coffee

November 2017: A federal magistrate judge recommended that the district court should dismiss the complaint for failure to state a claim. Later in November, plaintiffs voluntarily dismissed this action with prejudice, the reasons for which have not been disclosed.

March 2017: A class-action lawsuit was filed against Rockstar Inc. for allegedly underfilling cans of its energy coffee (that are supposed to contain 473mL of the beverage) by approximately six percent. (Plaintiffs filed an amended complaint in May 2017.) (Podawiltz et al v. Rockstar Inc., Case No. 17-cv-477, D. OR.)

For more information about slack-filled packaging and TINA.org’s coverage of the issue, click here.

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When a complaint is dismissed with prejudice, it cannot be refiled.

You know when you buy a big bag of chips, and you’re all psyched for a feast, and then it turns out there are like, three chips in the bag? That bag is slack filled.

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