New York Consumer Files Slack-Fill Lawsuit Against Trader Joe’s

A consumer has filed a proposed class action against Trader Joe’s
Co. alleging the company sells 5-ounce cans of store-brand tuna
filled with only 3 ounces of product. Magier v. Trader Joe’s Co., No.
16-0043 (S.D.N.Y., filed January 5, 2016). According to the complaint,
“Independent testing by the U.S. National Oceanic and Atmospheric
Administration (NOAA) determined that, over a sample of 24 cans,
5-ounce cans of Trader Joe’s Albacore Tuna in Water Salt Added contain
an average of only 2.61 ounces of pressed cake tuna when measured
precisely according to the methods specified by [the federal statute].”
The complaint further alleges similar NOAA test results for six other
Trader Joe’s tuna products, amounting to breach of warranties, unjust
enrichment, negligent misrepresentation, fraud and violations of New
York’s consumer-protection statute. The plaintiff seeks class certification,
declaratory judgment, compensatory and punitive damages, an injunction,
attorney’s fees and a jury trial.

Issue 589