Packaging of Go-Paks

September 2017: The appeal was voluntarily dismissed, the reasons for which have not been disclosed. (Case No. 17-15126, 9th Cir.)

January 2017: The named plaintiff filed a Notice of Appeal regarding the dismissal order.

December 2016: A federal judge granted the company’s motion to dismiss the amended complaint finding that the new allegations were not plausible and failed to adequately plead a specific statutory violation.

October 2016: A federal judge granted Mondelez’s motion to dismiss. Among other things, the judge found that the named plaintiff did not state a claim of consumer deception based on the Go-Pak packaging because the product labels disclose the net weight and the number of cookies or crackers inside each container. The claims were dismissed without prejudice. Later in October, plaintiffs filed an amended complaint alleging that a significant portion (i.e., more than 25%) of its Go-Paks! containers are empty space and the containers provide consumers with less food than is represented on the labels.

May 2016: A class-action lawsuit was filed against Mondelez for allegedly deceptively packaging Go-Paks, including Mini Chips Ahoy!, Mini Oreo, Golden Oreo Mini, Nutter Butter Bites, Mini Nilla Wafers, Ritz Bits, and Teddy Grahams. Specifically, the complaint alleges that the company makes consumers believe they are purchasing a container “full of the advertised cookies” when, according to plaintiffs, 25% or more of the non-transparent container is empty space. (Bush et al v. Mondelez International, Inc., Mondelez Global, LLC, and Does 1-10, Case No. 16-cv-2460, N.D. Cal.)

For more information about other class-action lawsuits regarding slack-filled packaging and’s coverage of the issue, click here.

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When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.

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