Hershey Lawsuit Claims SkinnyPop Popcorn Bags Are Grossly Underfilled

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A proposed class action lawsuit alleges bags of SkinnyPop are mislabeled as they misleadingly contain more than 40 percent less popcorn than what consumers are promised.

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The 46-page slackfill lawsuit against manufacturer The Hershey Company, the Hershey Salty Snack Sales Company (formerly Amplify Snack Brands) and SkinnyPop Popcorn says the companies have systematically short-changed consumers who were led to believe bags of SkinnyPop contained the amount of popcorn stated on product packaging. In truth, consumers have been duped given that SkinnyPop bags, including the Original, White Cheddar, Salt and Pepper, Twist of Lime, Aged White Cheddar, Butter and Kettle Corn flavors, contain roughly 43 percent less popcorn than what’s stated on product labels.

Further, in light of the alleged underfilling of SkinnyPop bags, the case claims the defendants have mislabeled the nutrition facts, specifically the number of calories per serving, on SkinnyPop popcorn nutrition labels. The filing says this is also false and misleading to consumers, many of whom bought SkinnyPop with the belief that the products’ serving sizes and calorie counts were accurate.

“If the total calorie count represented on SkinnyPop Popcorn bags is correct, then there are significantly more calories per serving of SkinnyPop popcorn than advertised,” the suit stresses. “Thus the ‘Skinny Pop’ [sic] name and the amount of calories in each serving is false and misleading as customers are consuming more calories per volume serving than they expect based on the labels.”

According to the lawsuit, every 4.4-ounce bag of SkinnyPop Original flavor investigated by the plaintiffs contained not the 16.5 cups of popcorn promised but only approximately 9.5 to 11.5 cups. Similarly, 4.4-oz bags of the Butter flavor contained only between 10.5 and 12.5 cups, and 5.3-oz bags of the Kettle Corn flavor contained only about 9.5 cups of popcorn despite claiming to contain 12.5 cups, the suit says.

This apparent under-filling trend applied to varying degrees to every variety of SkinnyPop examined by the plaintiffs, the lawsuit relays.

According to the complaint, federal and California law prohibit the misbranding of any food product. Bags of SkinnyPop are misbranded given that their labels contain “a false and misleading advertisement” and false and misleading information as to nutrition, volume, serving size and the amount of popcorn in the bag, the filing relays.

The SkinnyPop lawsuit looks to cover all consumers in California who, within the past four years, bought SkinnyPop popcorn, including in the 4.4-, 5.3- and 6.7-oz sizes, from a retailer in the state for personal, family or household purposes, and not for resale.

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