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Summary of article:
Illinois consumers alleged that Walmart’s frozen shrimp packages contained too much ice and weighed less than advertised, and they filed a class-action lawsuit in state court seeking damages, refunds and injunctive relief.
The New York Post reported that according to Top Class Action,Illinois Consumer Elijah Baptist recently criticized the retail giantwal-mart (Walmart) filed a class action lawsuit accusing Walmart of adding ice weight to frozen shrimp products and “filling water” into the net weight of the products. After ice removal, the actual weight of some frozen shrimp products was up to 11% less than the packaging label.
According to the complaint, Baptiste frequently purchased frozen shrimp products from Walmart over the past three years. I recently repurchased this for a party and was disappointed. The company sells extra-large frozen raw shrimp with the shrimp tails intact, the complaint states. The packaging indicates that each package weighs two pounds, about 21 to 25 shrimp, and sells for 16 yuan. Let’s say a party of ten people buys six pounds of frozen shrimp. Calculating by weight, they may actually be missing 15 shrimp, a loss of five dollars. This shrimp lover said that if he had known in advance the actual number of shrimp in the product, he would not have bought it at all.
The lawsuit seeks to represent all Illinois consumers who purchased Walmart’s “Great Value” brand of bagged shrimp. According to the top class action, Baptist is demanding the case be tried by a jury and is seeking damages, compensatory and injunctive relief in state court.
A Walmart spokesperson said, “We have policies in place to help ensure that our suppliers provide correctly labeled products.” Baptist’s lawsuit may hinge on the “glazing” issue. This is a common and legal practice among seafood producers. To preserve the freshness of raw shellfish, manufacturers will coat the surface of the product with a layer of ice. However, according to the National Oceanic and Atmospheric Administration (NOAA), excessive ice packaging can “artificially” increase the weight of the product, increasing the price. “Shrimp is clearly the sector most affected by the ice-packing problem,” seafood industry publication Frozennet reported.
According to the Food and Drug Administration (FDA), the weight of ice must not be included in the net weight of the product, and manufacturers who fail to comply may be subject to criminal liability. A package of products that may appear to be quite large, but consumers will not know what is actually inside the package until the product is de-iced. Froesenet explained, “If the weight of the ice package is clearly marked on the package and honestly reflected in the price, then the discussion is a technical issue. If not, it may involve a dispute over individual rights.”
Wal-Mart reportedly reached a settlement with plaintiffs two years ago in a class action lawsuit over food weight. The company agreed to pay millions of dollars to resolve a dispute over improper weight calculations of seafood, meat and poultry products. The complaint alleges that the retailer used “false, misleading and deceptive” price tags that indicated weight in excess of actual product weight. The company did not admit fault in the settlement.
Summary FAQ
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The plaintiffs claimed that Wal-Mart added too much ice to its frozen shrimp products, but included the ice in the net weight of the product, resulting in consumers actually purchasing less shrimp than indicated on the packaging. It was a misleading label.
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The complaint claims that after ice removal, the actual weight of some products is up to 11% less than labeled; If a party buys 6 pounds of shrimp, it can be about 15 yuan less, which is equivalent to paying about 5 yuan more. Consumers believe that if they had better information they would not buy it.
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Ice packing is a common and legal method to maintain freshness in the seafood industry. However, if excessive packing of ice is included in the net weight, it may result in a violation. Walmart also settled a dispute with a plaintiff over food weight labeling two years ago.
