PopCorners Lawsuit: Half-Empty Bags Hide Behind Opaque Packaging

Case Overview: A class action lawsuit claims PepsiCo deliberately uses oversized packaging filled with air to deceive consumers about the quantity of PopCorners snacks inside.

Consumers Affected: California consumers who purchased PopCorners Sea Salt snacks for personal use during the four years prior to the complaint.

Court: U.S. District Court for the Central District of California

California shopper Bonnie Reyes expected to get a reasonably filled bag when she purchased PopCorners Sea Salt snacks, but what she discovered instead was a container more than half empty despite its substantial size.

Reyes filed a class action complaint against PepsiCo on June 1 in California federal court, claiming the snack giant deliberately uses oversized packaging filled mostly with air to deceive consumers about product quantity. The opaque containers make it impossible for shoppers to see how little they're actually getting for their money, according to the lawsuit.

Her complaint alleges that PepsiCo's "slack-fill scam" tricks consumers nationwide into paying premium prices for empty space rather than the popped corn snacks they think they're buying.

Lawsuit Alleges Oversized Packaging Conceals Product Shortfall

Reyes alleges that PepsiCo manufactures PopCorners in containers that are deliberately larger than necessary to hold the actual product quantity inside. The lawsuit claims this nonfunctional slack-fill violates both state and federal consumer protection laws by misleading shoppers about value.

According to the complaint, PopCorners Sea Salt packages lack any visual indicators that would alert consumers to the true product-to-container ratio, such as fill lines or transparent windows. The opaque packaging prevents customers from seeing how much empty space exists above the actual snack contents.

Reyes argues that PepsiCo's packaging design systematically misrepresents the product as adequately filled when containers actually contain unlawful amounts of empty space. The lawsuit contends that this deceptive practice serves no legitimate purpose other than fooling consumers into believing they're getting more product than they actually receive.

"PepsiCo markets the PopCorners product in a systematically misleading manner by representing it as adequately filled when it actually contains an unlawful amount of empty space," the complaint states.

Consumers Say Packaging Manipulates Purchase Decisions

Reyes contends that shoppers rely on package size to estimate product quantity when comparing snack options in grocery store aisles. The lawsuit alleges that PepsiCo exploits this consumer behavior by creating packages that appear to contain more product than they actually do.

According to the complaint, reasonable consumers expect that snack containers will be filled to levels that justify their size, especially when they can't see inside opaque packaging. When packages contain excessive empty space, shoppers can't make informed purchasing decisions based on actual value.

The lawsuit argues that Reyes wouldn't have purchased PopCorners, or would have paid less for them, if she had known the true product-to-package ratio. Her complaint suggests that PepsiCo deliberately conceals this information to maintain higher prices for what amounts to less actual product.

Reyes claims the deceptive packaging particularly harms consumers shopping for snacks based on perceived quantity, since they have no way to assess actual contents until after purchase.

Competitive Harm Alleged from Unfair Packaging Advantages

Reyes argues that PepsiCo's slack-fill scheme not only harms consumers but also creates unfair competition against companies that use honest packaging practices. The lawsuit claims that competitors who have implemented labeling changes to alert consumers about true product quantities are disadvantaged by PepsiCo's deceptive approach.

According to the complaint, honest competitors can't match PopCorners' shelf appeal when their truthfully sized packages appear smaller next to PepsiCo's inflated containers. This creates market distortion where deceptive packaging gains competitive advantages over transparent practices.

The lawsuit suggests that PepsiCo saves money through slack-fill by using the same large containers regardless of actual product quantity, reducing manufacturing costs while maintaining premium pricing. Reyes contends that these savings come at the expense of both consumers and fair competition.

Snack Industry Faces Growing Scrutiny Over Packaging Practices

Food manufacturers across multiple categories are defending similar lawsuits over allegedly deceptive packaging that conceals true product quantities from consumers. Muddy Bites recently faced litigation over waffle cone snack packaging that allegedly contains excessive empty space relative to actual product amounts.

In the PopCorners slack fill class action lawsuit, Reyes wants to represent all California consumers who bought PopCorners for personal use during the four years prior to filing her complaint. 

Her complaint demands injunctive relief to prevent PepsiCo from continuing to use allegedly misleading slack-fill practices in PopCorners packaging, potentially forcing the company to redesign containers or add transparency features that allow consumers to make informed purchasing decisions.

Case Details

• Lawsuit: Reyes v. PepsiCo Inc.
• Case Number: 2:25-cv-04951
• Court: U.S. District Court for the Central District of California

Plaintiffs' Attorney:

• Scott J. Ferrell and Victoria C. Knowles (Pacific Trial Attorneys APC)

Do you buy PopCorners? What are your thoughts on their packaging practices? Share your opinion below.