⚠ This Settlement Appears To Be Closed. Review the official settlement website for current status.
Published: June 25, 2026
Overview
A class action lawsuit has been filed against Welch’s (formerly The Promotion in Motion Companies, Inc.), regarding the company’s packaging practices for certain fruit snack products. The case, brought by plaintiffs Darren Clevenger and David Bloom on behalf of consumers, centers on allegations that Welch’s engaged in “slack-filling”—the practice of using oversized boxes with substantial empty space inside them—for Welch’s Reduced Sugar Fruit Snacks, Fruit ‘n Yogurt Snacks, and certain other Welch’s Fruit Snacks varieties. According to the complaint, while other flavors of Welch’s Fruit Snacks contained ten larger pouches per box, the reduced sugar and yogurt varieties contained only eight pouches, with some boxes containing up to 44% less product by volume.
The lawsuit also alleges that Welch’s used similar slack-filling tactics for products sold at Costco and employed other deceptive packaging methods, such as reducing pouch weights for certain flavors while maintaining the same box size. The plaintiffs argue that these packaging practices violate California’s Unfair Competition Law and federal slack-fill regulations, which prohibit nonfunctional empty space in food containers. The case was originally filed in California Superior Court in Orange County on June 29, 2020, but was removed to federal court in September 2020. After two years of federal litigation, including surviving multiple dismissal motions and achieving class certification, the federal court dismissed the state law claims for lack of jurisdiction on December 14, 2022.
The plaintiffs then refiled the case in state court, where it remains pending. Class members who purchased the affected Welch’s products during the relevant period may be eligible for compensation if the case results in a settlement or judgment. Those wishing to remain part of the class and potentially receive recovery should take no action. Alternatively, consumers may opt out of the class by completing and submitting an exclusion form, though doing so means they would forfeit any right to participate in any future settlement or monetary award.
Important Documents
- 110 Fac Class Action.Final_.May 20 2024 Conformed
- Welch Opt Out Form
- Minute Order Re Class Cert. Et Al. 02.07.25
- Order For Class Notice 05.29.25
- Notice List
Official Settlement Website
For full details or to file a claim, visit:
https://www.strategicclaims.net/case/welch/