Watkins Sues McCormick over Slack-Filled Packaging

Watkins Inc., a Minnesota-based company known for its black pepper,
has filed a lawsuit against McCormick and Co., Inc., a global purveyor of
spices, alleging that McCormick recently began underfilling its pepper
containers but continued using the same size of packaging. Watkins Inc.
v. McCormick and Co., No. 15-2688 (D. Minn., filed June 9, 2015). The
complaint provides photographic comparisons of Watkins and McCormick
tins, a photo of McCormick’s 2-ounce tin alongside the 1.5-ounce
tin in a store selling each for the same price, and several photos of stores
with shelf tags incorrectly listing the previous size but offering the
reduced-size product. “McCormick intentionally kept the tin the same
size, with the same price, notwithstanding the 25% decrease in ground
black pepper fill, in a manner that misleads retailers and consumers,”
the complaint asserts. Watkins alleges that McCormick has violated the
Lanham Act and several state business practices acts as well as engaged
in unfair competition. The company seeks an injunction, damages and
attorney’s fees.

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