Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food and consumer packaged goods space.
Cade Bogren, et al. v. The Hershey Salty Snack Sales Company, et al., No. 24-cv-1635-BJC-JLB (S.D. Cal. – July 30, 2026): The United States District Court for the Southern District of California dismissed a putative class action alleging that the Defendants deceptively underfilled SkinnyPop popcorn products by as much as 43% in volume or number of cups, despite label statements regarding cups, servings, and nutrition. Plaintiffs asserted claims under California’s UCL, FAL, and CLRA, as well as claims for breach of express and implied warranty, intentional and negligent misrepresentation, and unjust enrichment. The court held that Plaintiffs had not plausibly alleged that a reasonable consumer would be deceived. It reasoned that the popcorn’s volume can vary depending on its configuration, whereas its weight is comparatively stable. Thus, an alleged volume discrepancy alone—without an allegation that the product’s actual weight differed from its stated weight—did not establish that consumers received less popcorn than advertised. The court further held that this deficiency defeated the statutory claims and, in turn, the warranty, common-law misrepresentation, and unjust-enrichment claims. Plaintiffs are represented by Consumer and Employment Lawyers. Read the order here.
