Harry and David Moose Munch Gourmet Popcorn

May 2017: This action was voluntarily dismissed, the reasons for which have not been disclosed. The named plaintiff’s claims were dismissed with prejudice.

February 2017: A class-action lawsuit was filed against Harry and David for allegedly deceptively packaging its 10 oz. Harry & David® Moose Munch® Gourmet Popcorn – including the milk chocolate, dark chocolate, classic caramel, and cinnamon maple pecan flavors – using slack-filled packaging. According to the complaint, the popcorn is sold in cardboard boxes with 43% empty space to make consumers believe they are getting more popcorn than they actually are. (Brown et al v. Harry and David, LLC, Case No. 17-cv-999, S. D. NY.)

For more information about other class-action lawsuits regarding slack-filled packaging and TINA.org’s coverage of them, 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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