California Court Refuses to Dismiss Projected Slack Fill Class Action Against Golden Grain

A California court is allowing to proceed a putative slack-­fill class action against Golden Grain Inc., a subsidiary of PepsiCo, Inc. that makes Near East rice and grain products. Arcala v. Golden Grain Co., No. 16-­555084 (Cal. Sup. Ct. San Francisco Cty., order entered April 5, 2017). The plaintiffs allege that Golden Grain’s couscous, rice pilaf, quinoa, tabbouleh and other products are packaged with nonfunctional slack fill in violation of state law, and the court rejected Golden Grain’s arguments that the complaint made no distinction between functional and nonfunctional slack fill. Among other relief, the ® plaintiffs are seeking an injunction, restitution and class certification.

Issue 630