It is Hard to Spot the Distinction, But Knowing This Matters

Despite objections from McCormick & Co., a federal judge has chosen to proceed with a lawsuit filed by Watkins Inc. over the size of McCormick’s ground pepper tins.

Watkins, a smaller player in the spice industry, alleges that McCormick reduced the amount of ground pepper in its tins by 25%—from roughly 8 ounces to 6 ounces—while still using the same-sized tins. By keeping the tin size the same despite the reduction in contents, Watkins claims McCormick is misleading customers into believing they are receiving more product than they actually are.

The key difference, Watkins argues, lies in transparency. While McCormick’s non-transparent tins obscure the actual volume of pepper inside, Watkins packages its pepper in smaller containers that visually align with the reduced content. This contrast in packaging approaches is central to Watkins’ claim, asserting that McCormick’s practice unfairly skews customer perception of product quantity, prompting Watkins to take legal action.