CALIFORNIA — A California woman has filed a class action lawsuit against PepsiCo, alleging that the company’s popular snack brand Popcorners is being sold in deceptively oversized bags that are more than half empty.
Lawsuit Targets ‘Nonfunctional Slack-Fill’ in Packaging
Bonnie Reyes, the plaintiff in the suit, says she bought a 7-ounce bag of Sea Salt Popcorners in 2025 for $4.79, under the impression that the packaging reflected the actual amount of product inside. However, she claims the bag was substantially underfilled.
According to the complaint, Reyes would not have purchased the snack—or paid a premium for it—if she had known the true volume inside the package. The lawsuit centers on what’s called “nonfunctional slack-fill”, which refers to empty space in packaging that has no legitimate purpose.
“Defendant underfills the Product to save money and to deceive consumers into purchasing the Product over its competitors,” the legal filing states.
The complaint argues that this practice gives PepsiCo an unfair edge over companies that are transparent about how much product is in their packaging.
Alleged Violations of California Consumer Protection Laws
The lawsuit accuses PepsiCo of violating multiple California laws, including:
- The Consumers Legal Remedies Act
- The Unfair Competition Law
- The False Advertising Law
- The California Sherman Law, which deems food misbranded if it is misleading or fails to meet labeling standards under the NLEA (Nutrition Labeling and Education Act)
Reyes’ lawsuit claims that the slack-fill tactic is a deliberate form of deception meant to mislead consumers into thinking they’re getting more product than they actually are.
Class Action Includes All California Buyers in the Last 4 Years
The proposed class action includes any consumer who purchased Popcorners in California for personal use—not for resale—within the past four years.
The lawsuit is requesting multiple forms of relief, including:
- An injunction to stop PepsiCo from using misleading packaging
- Restitution for impacted consumers
- Compensatory damages with interest
- Attorney’s fees
Reyes is seeking to hold PepsiCo accountable not just for consumer harm, but for damaging competitors who follow more transparent practices.
What’s Next for Snack Packaging Lawsuits?
This case echoes a growing trend of lawsuits targeting “slack-fill” packaging in the food industry. As awareness grows around deceptive marketing, companies may face increasing pressure to change their packaging designs—or risk legal action.
Consumers, meanwhile, are encouraged to scrutinize packaging claims and report any suspected violations. If the court rules in Reyes’ favor, it could pave the way for similar lawsuits across other states.
Have you ever opened a snack bag and felt disappointed by the amount inside? Tell us your thoughts in the comments at chicagosuburbanfamily.com — your voice could help highlight misleading practices that affect families across Illinois.
