in Newswire Published on January 15, 2018

Luigi’s Real Italian Ice Facing Slack-Fill Lawsuit Claiming It ‘Cheats’ Consumers

Last Updated on May 8, 2018

Orbach et al v. J&J Snack Foods Corp.

Filed: January 12, 2018 ◆§ 7:18cv321

Two plaintiffs claim consumers who buy Luigi's Italian Ice are being shorted on exactly how much product is in J&J Snack Foods' six-fluid-ounce cups.

Defendant(s)

J&J Snack Foods Corp.

Law(s)

State(s)

New York

Categories

Food False Advertising Fraud

Two plaintiffs have filed a proposed class action in New York against J&J Snack Foods Corp. in which they allege cups of the defendant’s Luigi’s Real Italian Ice, despite allowing for six fluid ounces of Italian ice, only contain on average “5.4 to 5.5 fluid ounces.” The 15-page complaint claims J&J Snack Foods is “cheating purchasers” by offering “8.5 to 9 percent” less Italian ice than what consumers pay for. The plaintiffs’ allegations, citing investigative testing, rest on the argument that each cup of Luigi’s Italian ice contains an etched fill line that the individuals argue only allows for 5.5 fluid ounces of Italian ice.

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