Back in 2016, four Italian consumers sued Barilla, the largest pasta maker in world for misleading packaging. They alleged that the company sells specialty pastas like gluten-free, whole grain, “ProteinPlus,” etc. in the same size cardboard boxes as their traditional pastas. There is only one problem — the specialty boxes are the same size as the regular boxes but typically contain 25-percent less pasta, 12 ounces instead of the usual 16 ounces.
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In this case, the boxes head-on appear identical, and they are equal depth front to back. But there is more empty space inside that the shopper is not able to detect until purchasing the product. This is known as “slack fill” — non-functional empty space — and it is illegal under federal law and some state laws. (Pictures of the gluten-free and whole grain boxes are shown in the lawsuit above.)
Late last year, the company decided to settle without admitting any guilt and the case is now closed. Purchasers of Barilla will get nothing other than satisfaction that the company has agreed to make a disclosure on the box and also include a “fill line.”
It should be pointed out that Barilla is not alone in selling partially filled pasta boxes. For example, Prince engages in the same practice as demonstrated by these two spaghetti boxes that are both the same size but one has 25-percent less product.
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Notably, Stop & Shop and Giant’s store brand has taken appropriate steps to put some of their 12-ounce pastas in thinner boxes than the one-pound size.
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