The general public is protected by numerous consumer protection laws, but the rights of citizens and residents can be damaged by businesses or people promoting fraudulent services, products, and opportunities. These unlawful activities may be classified as consumer and financial fraud.
Allegations Regarding Krazy Glue Lawsuit
There are various ways that businesses or individuals may take advantage of individuals by unethical business practices. Currently, there is a consumer fraud class action lawsuit against Elmer’s Products Inc., the makers of Krazy Glue. The allegations are that Elmer’s is misleading consumers by making consumers think the package contains significantly more glue than it actually does. The lawsuit was filed in the Superior Court of the state of California for the County of Los Angeles.
The lawsuit states that the large and opaque container is more than five times larger than the “tiny tube of glue” that contains the Krazy Glue.
“This packaging prevents the consumer from directly seeing or handling the product and leads the reasonable consumer to believe that the package contains significantly more product than it actually does,” the complaint states.
The plaintiff notes that he bought Krazy Glue at a True Value hardware store in Los Angeles, and was under the impression he was buying the amount represented by the “Stay Fresh” container, rather than the smaller tube inside of it. But, because the container is not transparent, consumers cannot see how much product they are actually buying, states the complaint.
“If the plaintiff had known at the time of purchase the actual size of the tube of product contained in the packaging, he would not have purchased the Krazy Glue or paid less for it,” the lawsuit states.
The product liability lawyers at Parker Waichman have extensive experience representing clients in consumer class action lawsuits. The firm is actively reviewing potential lawsuits on behalf of individuals who are seeking legal information on illegal or fraudulent business practices.
California State Law Regarding Allegations
The basis for the complaint is the allegation that the Elmer’s Krazy Glue container is misleading on the amount of “nonfunctional slack fill.” This is defined in California state law as “the empty space in a package that is filled to substantially less than its capacity.”
According to the lawsuit, the size and slack fill of the container does not protect its contents or have any significant value nor does it “fall within any safe harbor of protections provided under state business law.” In addition, the larger container does not have any significant labeling information that cannot also be found on the Krazy Glue tube.
“The use of non-functional slack-fill allows [Elmer’s] to lower their costs by duping customers into thinking they are getting a better bargain than they actually receive,” the complaint says. “As a result, [Elmer’s] has realized sizeable profits.”
Three classes are proposed, specifically, a nationwide class of those who purchased a .07-ounce tube of Krazy Glue in a .37-ounce outer container, a California sub-class and a Consumer Legal Remedies Act California subclass.
The complaint alleges violations of California’s Consumer Legal Remedies Act in addition to two violations of unfair competition law.
Consumer Class Action Lawsuits
A class action lawsuit is when one complaint represents a number of individuals, referred to as a “class.” There is typically one lead plaintiff that represents the class, who were allegedly wronged or injured in the same way by a common defendant. Class members are treated as one plaintiff in a class action.
Class action lawsuits are frequently filed over mislabeled or defective products. This happens for example, when products are labeled as “natural” when in reality, they contain man-made or synthetic ingredients.
A similar situation arises when foods are labeled as “organic” that may actually be grown conventionally. In order to qualify for a product to be labeled “organic” it has to comply with numerous stringent regulations. If a product is falsely labeled “organic” it may constitute grounds for a consumer fraud class action lawsuit for misrepresentation and false advertising.
Consumer class action lawsuits normally allege that a business deceived the consumer in some way, prompting them to purchase a product under false pretenses. Therefore, many class action lawsuits alleged that a consumer paid extra for a product based on false marketing claims.
Filing a consumer class action lawsuit may obtain compensation for affected consumers, but it also enforces that unfair business practices have legal consequences. This hopefully leads to discouraging this type of unethical behavior in the future.
Legal Advice Concerning Illegal Business Practices
Parker Waichman LLP has had years of experience representing clients in illegal business practice lawsuits. The firm offers free, no-obligation legal case evaluations to anyone seeking advice and legal information. We urge you to contact us at 1-800-YOURLAWYER (1-800-968-7529).