Harry and David, LLC Hit with Class Action Over Slack-Filled Popcorn

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Harry and David, LLC is the defendant in a proposed class action that alleges certain packages of its popular Moose Munch Gourmet Popcorn were misleadingly filled and sold with excessive empty space, i.e. slack-filled, in violation of the Federal Food Drug & Cosmetic Act. The lawsuit claims the defendant’s popcorn containers are misleading to consumers, who may not have purchased the popcorn had they known that, according to the complaint, roughly 43 percent of Harry & David’s product was non-functional slack-fill.