July 2016: A federal judge dismissed one of the claims in this lawsuit (i.e., the negligent misrepresentation claim). Other claims, including claims alleging false advertising, will move forward.
April 2016: A Consolidated Class Action Complaint making similar allegations (i.e., that cans of tuna are underfilled and underweight) was filed. (In Re Safeway Tuna Cases, Case No. 15-cv-5078, N. D. CA.)
November 2015: A class-action lawsuit was filed against Safeway for allegedly misrepresenting the amount of tuna in its cans, including 5-ounce cans of Chunk Light Tuna in Water and 5-ounce cans of Solid White Albacore Tuna in Water, by underfilling them. The complaint also alleges that government testing revealed that the 5-ounce cans did not contain enough tuna to meet federal requirements. (Soto et al v. Safeway Inc., Case No. 15-cv-5078, N. D. CA.)
For more information about other class-action lawsuits regarding tuna products and TINA.org’s coverage of them, click here.
When a complaint is dismissed with prejudice, it cannot be refiled.
When a complaint is dismissed without prejudice, an amended version of the complaint can 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.