CALIFORNIA – A California woman filed a class action lawsuit against PepsiCo, alleging its Popcorners are sold in oversized bags that are more than half empty.
Plaintiff Bonnie Reyes purchased a bag of PepsiCo’s 7-ounce Sea Salt Popcorners in 2025 for $4.79.
Reyes believed the bag size and label reflected the actual amount of snacks and claims she wouldn’t have bought it – or paid extra, had she known they were misleading.
According to the lawsuit, PepsiCo violated California consumer protection laws through deceptive packaging and false advertising.
Nonfunctional slack-fill is empty space with no legitimate purpose
Slack-fill is the empty space between a container’s capacity and the product inside. Nonfunctional slack-fill is empty space in packaging with no legitimate purpose.
Reyes alleges PepsiCo deceptively markets the product as adequately filled, despite containing unlawful slack.
“Defendant underfills the Product to save money (by not filling the containers) and to deceive consumers into purchasing the Product over its competitors’ products,” stated the filing.
It adds that PepsiCo’s slack-fill scheme not only harms consumers, but it also harms its competitors who have implemented labeling changes designed to alert consumers to the true amount of product in each container.
Class action is for all who bought the product in CA within the past four years
The California Sherman Law deems food misbranded if it’s false, misleading, or fails to meet NLEA nutrition labeling requirements.
The filing also cites violations of the California Consumers Legal Remedies Act, the Unfair Competition Law and the False Advertising Law.
Reyes brings this action for herself and all others who bought the product in California for personal use (not resale) within the past four years.
She seeks relief that includes an order stopping PepsiCo from misleading packaging and labeling, damages with interest, restitution and attorney fees.
