We all know the feeling: Open up a big ol’ bag of potato chips, only to find that it’s half-empty.
That’s exactly what happened to Sameline Alce and Desiré Nugent — but instead of just finishing off the remnants in disappointment, they’re now suing Wise Foods on the grounds that their air-filled bags deceived them into overpaying.
The pair filed the lawsuit in Manhattan federal court on Monday night, claiming the Pennsylvania-based chip company was “misleading” customers by intentionally leaving their bags 58% to 75% empty.
Alce, who is from the Bronx, and Nugent, from Washington, D.C., argue in their complaint that they would have never bought from Wise to begin with if they knew about the “false advertising.”
While the labels they use do show the correct weights inside the bag, the plaintiffs allege that a 2.75-ounce bag of Wise Ridgies Sour Cream and Onion chips is only filled to the 2.5 inch line — out of a 10-inch capacity.
“Even if Defendant’s net weight disclosures are accurate, such does not eliminate this basic deception,” their complaint says.