Consumer Claims ACH Food Slack Fills Fleischmann's Simply Homemade Baking Mix [UPDATE]
by Erin Shaak
Last Updated on May 8, 2018
Buso v. ACH Food Companies, Inc.
Filed: September 14, 2017 ◆§ 3:17-cv-01872-JAH-MDD
ACH Food Companies, Inc. is facing a proposed class action lawsuit that alleges it deceptively packages its Fleischmann’s Simply Homemade Baking Mix to trick consumers into thinking they are buying more than the box actually contains.
Case Updates
Update – Lawsuit Dismissed
The lawsuit detailed on this page has been dismissed. U.S. District Judge John A. Houston, however, has granted the plaintiff leave to file an amended complaint.
Essentially, Judge Houston left the door open a crack for the plaintiff to file an amended lawsuit based on the claim that ACH intentionally packages its baking mixes with more than 50 percent non-functional slack fill.
The plaintiff has until June 5 to file an amended case. Judge Houston’s order granting ACH’s motion to dismiss can be found here.
ACH Food Companies, Inc. is facing a proposed class action lawsuit that alleges it deceptively packages its Fleischmann’s Simply Homemade Baking Mix to trick consumers into thinking they are buying more than the box actually contains. The plaintiff claims he purchased Fleischmann’s Simply Homemade Baking Mix Cornbread product and found upon opening the box that more than half of it was empty (picture from complaint included below). According to the suit, the inclusion of empty space hidden from the consumer, known as “non-functional slack-fill,” violates California law because it misleads consumers into thinking they are purchasing “substantially more” product than what's included in the packaging.
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