I hope a judge throws this out and the company counter sues these assholes.
Plaintiffs Sameline Alce and Desiré Nugent filed the class action suit against Wise Foods in Manhattan federal court on Monday, seeking unspecified damages in excess of $5million.
The miffed chip connoisseurs allege that Wise duped consumers by filling its bags with as much as 67 percent air – more than its competitors and more than is needed to protect the chips from getting crushed, the pair says.
‘Effectively they are getting tricked into paying for air,’ said lawyers for Alce, who lives in the Bronx, and Nugent, who lives in Washington, D.C., in court filings.
‘In fact, competitors use bags that are simultaneously smaller than [Wise’s] product bags and contain more chips than them,’ lawyers for the snackers said in the federal complaint against Pennsylvania-based Wise.
Wise did not immediately respond to a request for comment from DailyMail.com.
The class action suit, which seeks damages in the millions to compensate unknown scores of consumers who’ve allegedly been wronged by Wise’s packaging, all stemmed from Alce’s purchase of a $1.94 bag of Wise Golden Original Potato Chips in a Queens grocery store last August.
The snacker was shocked to find that Wise ‘under-filled her bag by more than half’, her lawyer said.
Plaintiff Nugent had a similar experience with a $2 bag of Wise’s Honey BBQ chips, according to court filings.
Though federal consumer protection laws prohibit deceptive marketing, including food packaging that uses excess fill space, the air in bags of chips is generally recognized as necessary to protect the chips from being crushed.
But the suit claims that Wise’s competitors don’t use nearly as much air to achieve the protective cushion, pointing specifically to the Ruffles brand sold by H.W. Lay.
Ruffles bags are about 30 percent air, compared to some Wise brands that are as much as 67 percent air, the suit claims.
Even Wise’s own Original Dipsy Doodle bags are only 28 percent air, proving that the massive amount of space in the company’s other bags isn’t necessary, the suit claims.
The suit asks for the court to order Wise to pay out damages to its customers in New York and D.C., and to change its packaging and labeling.