PepsiCo hit with lawsuit over allegedly deceiving customers — here's what you need to know

A lawsuit brought against PepsiCo this year alleges the company deceptively packaged its popped corn snack, PopCorners.

What's happening?

According to Top Class Actions, plaintiff Bonnie Reyes filed a class action lawsuit against PepsiCo on June 1, claiming that the company used nonfunctional slack-fill in the packaging of its product, PopCorners. Reyes filed the suit in California federal court, and it applies only to California consumers. 

In the lawsuit, the plaintiff alleged that PepsiCo packaged PopCorners in oversized bags that were half-empty without informing consumers that the product was only half-full. As such, Reyes claimed that the company violated state and federal consumer laws by duping PopCorners consumers into paying full price for a half-full product.

Reyes also alleged in the lawsuit that PepsiCo intentionally half-filled PopCorners packaging to both save money and manipulate consumers into purchasing its product over competitors. As such, the lawsuit alleged that PepsiCo's competitors, which have made changes to labeling to let consumers know exactly how much product is in a package, were also harmed.

Why are half-filled packages concerning?

PepsiCo and other companies that only fill packages of food halfway are not only deceiving consumers into paying more for less, a manipulative practice that hits consumers' wallets, but they're also creating extra plastic waste. 

PepsiCo is already one of the world's leading producers of branded plastic waste, and the company has also recently reversed course on its stated plastic reduction goals, like reducing the amount of virgin plastic used in the company's packaging. 

Between uncommitting to reducing plastic waste and the extra plastic waste created by oversized packaging, more plastic will end up in landfills and oceans, causing an influx of pollution that is harmful to people, animals, and the planet. 

PepsiCo's deceptive packaging practices may also discourage consumers from switching to brands that are unequivocally engaging in more sustainable practices, such as properly filled food packages. This harms consumers and competitors alike, as it prevents people from spending their dollars on companies that support their interests and companies with sustainable practices from gaining new customers. 

What's being done about PepsiCo?

Since the lawsuit was only recently filed, it will take some time to work its way through the California courts. The lawsuit seeks certification of the class action, as well as fees, damages, costs, restitution and disgorgement, and a jury trial. 

While there's no way to determine how the lawsuit will go, it will hopefully encourage PepsiCo to recommit to better sustainability practices. The company has touted its sustainability goals, like investments in sustainable agriculture, in the past, so it's not unthinkable that this lawsuit will convince PepsiCo to create more change for the better.

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