Class Action Alleges Starkist Underfills Tuna Cans Below Advertised ‘Drained Weight’

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Starkist Co. is caught in the net of a proposed class action that alleges it unlawfully “slack fills” cans of its processed tuna. The 22-page lawsuit, filed in Oregon, claims the cans of tuna purchased by the plaintiff “each contained substantially less weight of drained tuna” than what’s represented on the products’ labels. The plaintiff says he would not have purchased the cans had he known the products’ labels overstated the “drained weight” of the tuna. The complaint makes a point to note Starkist has faced previous legal action over its alleged habit of slack-filling its canned products. (Hendricks v. Starkist Co.; 4:13-cv-00729-HSG).

“[Starkist’s] failure, after the notice provided by the Hendricks case, to check and monitor compliance of its accused products with its [principal display panel] labeling and with the FDA underfilling regulations shows reckless indifference and disregard toward the accuracy of its representations and/or intentional misrepresentation,” the lawsuit argues.