Slack-Fill Putative Class Action Filed Against Pret A Manger

Pret A Manger faces a putative class action alleging the chain’s
wrap packaging hides inches of empty space between sandwich
halves. Lau v. Pret A Manger (USA) Ltd., No. 17-5775 (S.D.N.Y.,
filed July 31, 2017). The complaint alleges that Pret’s wraps are
packaged in clear plastic sleeves with an opaque cardboard band
hiding nonfunctional slack fill between the cut halves. The
plaintiff also argues that the sandwiches are misbranded under
the Food, Drug and Cosmetic Act and that the act’s safe harbor
provisions allowing extra space in packaging do not apply to the
wraps because they are made and sold at the restaurant’s
locations. Claiming violations of New York consumer-protection
law and fraud, the plaintiff seeks class certification, damages,
restitution, injunctive relief and attorney’s fees.

Issue 643