SkinnyPop Class Action: Lawsuit Claims Underfilled Popcorn Bags

Case Overview: A class action lawsuit has been filed against SkinnyPop, alleging that their popcorn bags are underfilled. The plaintiffs claim that the company misleads consumers about the amount of popcorn in their bags.

Consumers Affected: Consumers who purchased SkinnyPop popcorn.

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

A class action lawsuit claims that SkinnyPop Popcorn and its parent company, Hershey, are misleading consumers by selling bags of popcorn that contain far less than the amount stated on the packaging. Filed in a California federal court on September 12th, the lawsuit alleges that the companies are violating state and federal consumer protection laws by significantly underfilling their popcorn bags.

The plaintiffs, Cade and Michelle Bogren and Jeremiah Tills, assert that SkinnyPop bags contain "significantly less" popcorn than promised, shortchanging consumers by up to 43%. This practice, they argue, deceives customers who rely on the labeling to understand how much popcorn they are purchasing.

SkinnyPop Accused of Shortchanging Consumers With Underfilled Popcorn Bags

The plaintiffs allege that SkinnyPop’s non-transparent packaging misleads consumers, who rely on the printed information to make purchasing decisions.

According to the lawsuit, SkinnyPop bags across various flavors and sizes consistently fail to deliver the promised amount of popcorn. 

For example, the 4.4 oz bags of the Original flavor claim to contain 16.5 cups of popcorn, but plaintiffs found that they actually contain only 9.5 to 11.5 cups. Similarly, other flavors, including White Cheddar and Butter, were found to contain fewer cups than advertised.

The plaintiffs also allege discrepancies in the larger 6.7 oz bags, which claim to contain 24.38 cups of popcorn. Instead, their investigation revealed these bags only provide around 17.5 cups, falling “far short” of the advertised amount. This pattern of underfilling, they argue, extends across nearly all of SkinnyPop’s product line.

Lawsuit Claims SkinnyPop Misrepresents Serving Sizes and Calorie Information

As well as volume issues, the plaintiffs claim SkinnyPop misrepresents its nutritional information. If the calorie count listed on the packaging is accurate, the serving sizes would contain significantly more calories than advertised. This, they say, makes the brand’s "SkinnyPop" name misleading, as customers are likely consuming more calories per serving than they realize.

The plaintiffs argue that SkinnyPop’s opaque packaging prevents consumers from seeing the amount of popcorn inside, making them rely entirely on the misleading labels.

The lawsuit claims that by advertising incorrect serving sizes and quantities on its bags, SkinnyPop has violated both California and federal laws. 

The plaintiffs are seeking to represent all California consumers who purchased SkinnyPop Popcorn in bags ranging from 4.4 oz to 6.7 oz. They are seeking certification of the class action, damages, fees, costs and a jury trial.

Meanwhile, The Hershey Company is facing another proposed class action lawsuit alleging it falsely and deceptively marketed its Reese’s Peanut Butter products as coming in Halloween shapes, when they are reportedly shapeless chocolate blobs.

Case Details

• Lawsuit: Bogren et al. v. The Hershey Salty Snack Sales Company
• Case Number: 3:24-cv-01635-BAS-JLB 
• Court: U.S. District Court for the Southern District of California

Plaintiffs' Attorneys

• R. Craig Clark and Alicja A. Urtnowski

Have you purchased SkinnyPop popcorn recently? Did you notice any discrepancies in the amount of popcorn or serving sizes? Share your thoughts and experiences in the comments below.