It’s easy to confuse these things, but knowing the difference really matters.

Technically, McCormick complies with these regulations, as the net weight is clearly printed on its label. However, regulatory compliance does not necessarily insulate a company from allegations of misleading practices. Courts have previously recognized that consumer perception plays a significant role in determining whether a product is deceptive.

Precedent cases in the consumer goods sector demonstrate this principle. For instance, several class action lawsuits in the snack and beverage industries have focused on “shrinkflation” — the practice of reducing product quantity while maintaining the same packaging size or price.

Courts in these cases have often examined whether the average consumer could reasonably be misled, considering packaging, marketing claims, and visibility of the product itself.

Watkins’ argument mirrors these prior disputes: the combination of opaque packaging and unchanged container dimensions creates a plausible basis for consumer confusion.

Legal experts note that this case could have broader ramifications beyond pepper. If the courts find McCormick’s packaging to be misleading, it could prompt increased scrutiny of packaging practices across multiple product categories, from spices and condiments to cereals, snacks, and beverages.

Companies may face pressure to adopt more transparent designs, clearer labeling, and more ethical marketing practices to avoid litigation and preserve consumer trust. Consumer Psychology and Behavioral Economics Beyond the legal framework, behavioral science offers critical insight into why packaging matters so profoundly.

Studies consistently show that consumers rely heavily on heuristics — mental shortcuts — when making purchasing decisions. The size and shape of a container, the prominence of branding, and even subtle design elements influence perceived quantity and value.

For McCormick, the decision to reduce pepper quantity while keeping the jar size nearly identical may appear minor from a production standpoint, but from a psychological standpoint, it significantly shapes consumer perception. Shoppers are likely to compare containers visually rather than checking the fine print, a behavior reinforced by the fast-paced nature of grocery shopping. Continue reading…