Muddy Bites Faces Class Action Lawsuit Over Alleged "Slack-Fill" Deception

Case Overview: A class action lawsuit claims Muddy Bites misleads consumers by using excessive slack-fill in its packaging, causing them to overpay for the product.

Consumers Affected: Consumers in California who purchased Muddy Bites waffle cone snacks.

Court: U.S. District Court for the Central District of California

Muddy Bites, a snack food company known for its waffle cone snacks, is facing a class action lawsuit alleging that it misleads consumers by using excessive "slack-fill" in its packaging. 

Filed by Annette Cody in a California federal court, the lawsuit claims that Muddy Bites' packaging is deceptively large and contains a significant amount of empty space, causing consumers to overpay for the product.

Cody, a California resident, purchased Muddy Bites waffle cone snacks and alleges that she was misled by the size of the packaging, which led her to believe that it contained more product than it actually did. She claims that she would not have purchased the product, or would have paid less for it, had she known about the excessive slack-fill.

What is Slack-Fill?

Slack-fill refers to the empty space within a product's packaging. While some slack-fill is necessary for product protection and to prevent breakage during shipping, excessive slack-fill can be deceptive and mislead consumers about the actual quantity of product they are purchasing.

The lawsuit against Muddy Bites alleges that the company's packaging contains non-functional slack-fill, meaning that the empty space serves no legitimate purpose other than to make the package appear larger and fuller than it actually is.

Muddy Bites Packaging Contains Excessive Slack-Fill, Lawsuit Claims

The lawsuit claims that Muddy Bites' packaging is designed to mislead consumers. It claims that the size and shape of the packaging, along with the product label, create the impression that the package is full of product when, in reality, a significant portion of the package is empty space.

Furthermore, Cody argues that Muddy Bites' packaging does not provide consumers with any meaningful way to assess the actual quantity of product before purchase. The opaque packaging prevents consumers from seeing the contents, and the labeling does not include any fill lines or other indicators to help consumers gauge the amount of product inside.

This deceptive packaging, the lawsuit argues, causes consumers to overpay for Muddy Bites waffle cone snacks, as they are led to believe they are getting more product than they actually receive.

Other Companies Face Similar Lawsuits Over Slack-Fill

This lawsuit against Muddy Bites is not an isolated incident. In recent years, several other companies have faced similar lawsuits over excessive slack-fill in their product packaging.

Most recently, in July 2024, a class action lawsuit was filed against Blue Diamond Growers, alleging that the packaging for its Nut Thins crackers is deceptive due to excessive slack-fill. The lawsuit claimed that the boxes are 60% empty, misleading consumers into believing they are getting more product than they actually are.

In the Muddy Bites slack-fill class action lawsuit, Cody seeks to represent all consumers in California who purchased Muddy Bites waffle cone snacks. She demands that the company cease its allegedly deceptive packaging practices and provide refunds to consumers who were misled by the excessive slack-fill.

The lawsuit also seeks an order requiring Muddy Bites to modify its packaging to accurately reflect the amount of product it contains. This could involve adding a fill line or reducing the size of the packaging to better match the volume of the product.

The case was originally filed in California Superior Court but removed to federal court.

Case Details

• Lawsuit: Cody v. Muddy Bites
• Case Number: 2:24-cv-10008
• Court: U.S. District Court for the Central District of California

Plaintiffs' Attorneys

• Scott J. Ferrell and Victoria C. Knowles (Pacific Trial Attorneys APC)

Have you purchased Muddy Bites waffle cone snacks? What are your thoughts on the packaging? Share your opinion in the comments below.