Teh One Who Knocks
04-06-2017, 10:32 AM
By Chris Perez - The New York Post
http://i.imgur.com/HCR6hPM.jpg
We all know the feeling: Open up a big ol’ bag of potato chips, only to find that it’s half-empty.
That’s exactly what happened to Sameline Alce and Desiré Nugent — but instead of just finishing off the remnants in disappointment, they’re now suing Wise Foods on the grounds that their air-filled bags deceived them into overpaying.
The pair filed the lawsuit in Manhattan federal court on Monday night, claiming the Pennsylvania-based chip company was “misleading” customers by intentionally leaving their bags 58% to 75% empty.
http://i.imgur.com/9o5WWiA.jpg
An image from court papers detailing where the fill line is inside the bag.
Alce, who is from the Bronx, and Nugent, from Washington, D.C., argue in their complaint that they would have never bought from Wise to begin with if they knew about the “false advertising.”
While the labels they use do show the correct weights inside the bag, the plaintiffs allege that a 2.75-ounce bag of Wise Ridgies Sour Cream and Onion chips is only filled to the 2.5 inch line — out of a 10-inch capacity.
“Even if Defendant’s net weight disclosures are accurate, such does not eliminate this basic deception,” their complaint says.
The pair also claims that Wise’s competitors, such as PepsiCo Inc’s Frito-Lay division, fill their bags higher and don’t use “improper business practices” to sell their snacks.
Alce and Nugent are seeking damages for consumers in DC and New York City, as well as changes to Wise’s packaging.
In their complaint, they include several pictures of various potato chip bags — using rulers and colored lines to mark where the fill line is.
Each photo is said to serve as proof that the company is purposely underfilling their bags to make more money.
“A plaintiff who is sold less than what was promised by a product label has a right to recover the amount by which she overpaid,” the complaint says. “The Products are misbranded regardless of any disclosures about contents settling and regardless of whether or not weight is labeled accurately.”
http://i.imgur.com/HCR6hPM.jpg
We all know the feeling: Open up a big ol’ bag of potato chips, only to find that it’s half-empty.
That’s exactly what happened to Sameline Alce and Desiré Nugent — but instead of just finishing off the remnants in disappointment, they’re now suing Wise Foods on the grounds that their air-filled bags deceived them into overpaying.
The pair filed the lawsuit in Manhattan federal court on Monday night, claiming the Pennsylvania-based chip company was “misleading” customers by intentionally leaving their bags 58% to 75% empty.
http://i.imgur.com/9o5WWiA.jpg
An image from court papers detailing where the fill line is inside the bag.
Alce, who is from the Bronx, and Nugent, from Washington, D.C., argue in their complaint that they would have never bought from Wise to begin with if they knew about the “false advertising.”
While the labels they use do show the correct weights inside the bag, the plaintiffs allege that a 2.75-ounce bag of Wise Ridgies Sour Cream and Onion chips is only filled to the 2.5 inch line — out of a 10-inch capacity.
“Even if Defendant’s net weight disclosures are accurate, such does not eliminate this basic deception,” their complaint says.
The pair also claims that Wise’s competitors, such as PepsiCo Inc’s Frito-Lay division, fill their bags higher and don’t use “improper business practices” to sell their snacks.
Alce and Nugent are seeking damages for consumers in DC and New York City, as well as changes to Wise’s packaging.
In their complaint, they include several pictures of various potato chip bags — using rulers and colored lines to mark where the fill line is.
Each photo is said to serve as proof that the company is purposely underfilling their bags to make more money.
“A plaintiff who is sold less than what was promised by a product label has a right to recover the amount by which she overpaid,” the complaint says. “The Products are misbranded regardless of any disclosures about contents settling and regardless of whether or not weight is labeled accurately.”