Signature Select Mac and Cheese Boxes Nearly Half Empty, Class Action Alleges

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A proposed class action alleges boxes of Signature Select-brand macaroni and cheese sold by Albertsons and Safeway contain unlawful amounts of unnecessary slack fill.

The 33-page lawsuit more specifically claims defendants Albertsons Companies, Inc.; Better Living Brands LLC; and Safeway Inc. have intentionally underfilled boxes of Signature Select mac and cheese “for no lawful reason.” Because the boxes are opaque, consumers are unable to determine that they are only 55 percent full of pasta until after purchase, the suit contends.

The complaint includes the below image that purports to represent how much product is contained in each box of Signature Select mac and cheese, with the green area representing the amount of product and the red area representing empty space:

The case argues that the non-functional slack fill in the mac and cheese boxes allows the defendants to “pass off the increase in ingredient price to consumers without their knowledge or consent.”

According to the complaint, slack fill is the difference between the capacity of a container and the volume of product therein. Non-functional slack fill is the empty space in a package that is filled to less than its capacity “for illegitimate or unlawful reasons,” the case relays.

According to the lawsuit, Signature Select macaroni and cheese boxes are filled to only 55-percent capacity and thus contain roughly 45-percent non-functional slack fill. The suit argues that although there are lawful reasons to underfill a container—such as for protection during shipping and handling; when the requirements of the machines used to fill the container cannot be bypassed; settling during shipping and handling; when the package has a specific function or is reusable; or when the package size cannot be reduced due to labeling requirements, theft prevention or other reasons—none of these apply to the Signature Select mac and cheese.

Per the case, consumers are misled by the size of the mac and cheese boxes into thinking that they will receive more of the product than the amount actually contained in each box.

“The size of each box leads the reasonable consumer to believe he or she is purchasing a box full of product when, in reality, what he or she actually receives is approximately 45% less than what is represented by the size of the box,” the complaint states.

The lawsuit looks to represent anyone in the U.S. who, within the relevant statute of limitations period, purchased a Signature Select macaroni and cheese product sold in an opaque box.

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