Deceptive labeling lawsuits over serving size and product weight have proliferated throughout the past few years. Food products from coffee cans to cereals must make claims about the number of servings per bag or container, product net weight and weight per serving. Without regard to whether consumers overfill or underfill their scoops, and without accounting for product settling, plaintiffs typically claim that it takes fewer servings to get to the bottom of the container than is represented on the nutritional facts panel (NFP) of the product label.
For example, in Harvey v. WK Kellog Co., Case No. 2:25-cv-03984, 2025 WL 3706665 (E.D. N.Y. Dec. 22, 2025), a putative class representative claimed that he purchased a 16.2-ounce box of cereal in "reasonable reliance" on the label's advertising that "1 1/3 cups of the cereal is equivalent to 39 grams of the cereal" and that the cereal "contains about 12 servings per container," both of which the plaintiff averred are "erroneously stated"
