In a legal battle that could reshape consumer protection standards, a California resident has taken action against a snack company for allegedly deceiving customers with misleading packaging. On January 7, 2025, Silvia Garcia filed a complaint in the Superior Court of California, County of Ventura, against Ashapops LLC. The lawsuit accuses the company of selling plant-based snacks in oversized packages filled mostly with air, thereby misleading consumers about the actual quantity of product they are purchasing.
Silvia Garcia, a California resident and self-described consumer rights "tester," claims that Ashapops LLC is engaging in deceptive practices by using nonfunctional slack-fill in their product packaging. According to the complaint, Garcia purchased the snack for personal use and was misled by the size of the package into believing it contained more product than it actually did. She argues that she would not have bought the product or paid a premium price had she known about the excessive empty space inside. The lawsuit references similar cases where courts found such claims actionable and meritorious, citing precedents like Reyes v. Just Born, Inc., and Thomas v. Nestle USA, Inc.
Garcia's complaint highlights how over 60% of consumers report being misled by food packaging and labeling, emphasizing that decisions to purchase are often made within seconds based on package dimensions. The plaintiff alleges that Ashapops LLC intentionally chose larger packages to convey an impression of more substantial content to consumers. She asserts that this practice violates state consumer protection laws and federal regulations concerning nonfunctional slack-fill.
The plaintiff seeks several forms of relief from the court. These include an order requiring Ashapops LLC to add a conspicuous "fill line" on their packaging sold in California to indicate the actual amount of product inside. Additionally, Garcia is pursuing actual, statutory, and punitive damages along with attorneys' fees and costs associated with bringing this case forward.
Representing Silvia Garcia is Scott J. Ferrell from Pacific Trial Attorneys APC. The case has been assigned Case No. 2Q2745 CLIBTOSBOBRE in front of Judge Vera at Ventura Superior Court.