The two plaintiffs were filed in New York state but in different courts by different individuals, but basically state the same thing and are also represented by the same attorney C.K. Lee of Lee Litigation Group.
The first class action complaint was filed against Procter & Gamble Co. in Eastern District Court of New York by Desta Tjokronolo and John Doe on the 23rd of September and claims to be an action against ‘deceptive and otherwise improper business practice.
The action targets the Gillette Odor Shield Invisible Solid, Old Spice High Endurance Invisible Solid and Old Spice Classic anti-perspirants and deodorants, specifying all the different packaging sizes and fragrances available in each line.
'Buying more than what is actually sold'
It also specifies that: “The size of the container in comparison to the actual deodorant stick makes it appear to the reasonable consumer that they are buying more than what is actually being sold.”
As an example, the action refers to the 2.6 ounce product, which is sold in a container measuring 5.25 inches x 2.5 inches, while the actual deodorant stick is 2.5 inches x 2.25 inches.
The action against Unilever was filed in the names of Timba Bimont and John Doe at the District Court of Southern District, New York, on September 24th.
Three inches of slack-fill
It specifies the Degree Dry Protection and Axe Gold Temptation anti-perspirants and deodorants, while also stipulating the packaging sizes and fragrances.
Very similar to the P&G product cited in the other action, it uses a 2.7 ounce product to highlight that the packaging measures 5.75 inches X 2.75 inches, when the actual deodorant stick measures 2.5 inches x 3 inches, pointing out that there is nearly 3 inches of slack-fill.
Both actions state that the defendants violated federal and state laws and regulations designed to protect consumers against deceptive and fraudulent trading and false advertising, and ultimately that consumers are paying a higher price for less actual product.