LOS ANGELES – A Norwalk woman alleges that a product she purchased was packaged in a container that had 50 percent empty space.
Miltita Casillas, individually and on behalf of all others similarly situated, filed a complaint on June 20 in the U.S. District Court for the Central District of California against Windmill Health Products LLC and Does 1 through 10 alleging violation of the Fair Packaging and Labeling Act and California's Consumer Legal Remedies Act.
According to the complaint, the plaintiff alleges that in June 2017, she purchased defendant's Super Greens Organic Greens, Fruit & Vegetable Formula, Delicious Berry flavor product. She alleges that the container had more than 50 percent empty space, or slack-fill.
Based on defendant's packaging, the plaintiff alleges she and the class expected to receive more Super Greens product than was actually being sold.
The plaintiff holds Windmill Health Products LLC and Does 1 through 10 responsible because the defendants allegedly violated the Fair Packaging and Labeling Act by packaging the product in a container with illegal, nonfunctional slack-fill.
The plaintiff requests a trial by jury and seeks judgment for injunctive relief, compensatory and punitive damages, prejudgment interest, attorneys' fees, expenses, costs of suit, and such other and further relief as the court deems just and proper. She is represented by Scott J. Ferrell of Pacific Trial Attorneys in Newport Beach.
U.S. District Court for the Central District of California case number 2:18-cv-05484-MWF-SS