Trader Joe’s is being accused of underfilling its five-ounce tuna cans, and now faces a class-action lawsuit.
According to the lawsuit, which was filed on Tuesday in Manhattan federal court, tests by the U.S. National Oceanic and Atmospheric Administration found, “every lot tested, and nearly every single can, was underfilled in violation of the federally mandated minimum standard of fill,” quotes New York Post.
The mandatory minimum standard of fill, according to New York Post, is 3.23 ounces for a five-ounce can. One of the tests found that 24 cans of Trader Joe’s Albacore Tuna in Water Half Salt contained an average of 2.43 ounces of pressed cake tuna, 24.8 percent below the federally mandated minimum. 24 cans of Albacore Tuna in Olive Oil Salt Added contained an average of 2.87 ounces of tuna, 11.1 percent below the mandatory minimum.
According to the lawsuit, this underfilling deems Trader Joe’s tuna “illegal for sale in the United States.” Trader Joe’s spokeswoman Alison Mochizuki says Trader Joe’s did not comment on the pending litigation.