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

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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.