Herr Potato Chips Bags

July 2018: This action was voluntarily dismissed with prejudice, the reasons for which have not been disclosed.

November 2016: A class-action lawsuit was filed against Herr Foods for allegedly deceptively packaging potato chips in non-transparent, slack-filled bags to make consumers believe they are getting more chips than they actually are. For example, bags of Herr’s® Crisp ‘N Tasty Potato Chips are 54% empty space. (Plaintiffs filed an amended complaint in February 2017.) (Merisier et al v. Herr Foods Inc., Case No. 16-cv-6350, E. D. NY.)

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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