Walmart Sued Over Frozen Shrimp Allegedly Containing up to 11% Less Seafood Than Advertised as Shoppers Paid for Ice

A Walmart customer who bought Great Value frozen shrimp is suing the retailer, alleging that some bags contained up to 11 per cent less seafood than stated on the label. Elijah Baptist claims the discrepancy results from ice glazing being included in the declared weight, leaving customers with less shrimp than they paid for.

The proposed class action, Baptist v Walmart Inc (Case No. 2026CH09745), was filed on 8 October 2026 in the Circuit Court of Cook County, Illinois. The lawsuit alleges unfair, deceptive and fraudulent business practices, as well as breaches of express and implied warranties.

Baptist says he bought several bags over the past three years, including for a party he hosted in June 2026. According to the complaint, he thawed the shrimp, drained the water and found that the remaining seafood weighed less than the amount stated on the packaging.

How Ice Ends Up on the Scales

Frozen shrimp are commonly coated with a thin layer of ice, a process known as glazing. The coating helps protect the seafood from freezer burn during storage. The lawsuit does not challenge glazing itself, but alleges that the weight of the ice was included in the product's declared net weight.

The US Food and Drug Administration (FDA) has addressed this issue in guidance for the seafood industry. In a letter originally issued in 1991 and republished in 2009, the agency states that the net weight of frozen seafood must not include the weight of its ice glaze.

The FDA explains that including glaze in the declared net weight can result in misbranding under federal food law. However, the guidance does not establish that Walmart has breached those requirements. Whether the retailer's products comply with applicable rules remains separate from the allegations in Baptist's case.

Walmart Says It Will Answer the Claims in Court

Walmart has not admitted wrongdoing. A spokesperson said: 'We have policies in place to help ensure suppliers provide correctly labeled products. We are reviewing the complaint and will respond in court.'

Baptist says he would not have purchased the shrimp had he known how much seafood he would receive. The proposed class covers eligible Illinois consumers who bought Great Value shrimp, although the court has not certified the class and the case's outcome remains uncertain.

The lawsuit follows a separate issue involving the brand. In August 2025, certain Great Value frozen raw shrimp products were recalled over possible contamination with caesium-137, a radioactive isotope. The recall concerned specified products and lots, but it does not establish any connection with the current weight allegations.

Federal Tests Have Found Underweight Seafood Before

The allegations concern an issue the FDA has also examined through separate testing. In results published on 2 September 2025, the agency reported that 10 of 28 samples of imported frozen seafood products were underweight, with shortfalls ranging from 2.3 to 9.9 per cent.

The published results did not identify those samples as Walmart products. Although the maximum shortfall alleged in Baptist's lawsuit is higher than the FDA's largest recorded finding, the two figures come from separate sets of evidence and should not be treated as directly comparable proof.

The FDA describes the deliberate misrepresentation of seafood weight as a form of economically motivated adulteration. Its findings do not establish that the conduct alleged in the Walmart lawsuit occurred.

For illustration, an 11 per cent shortfall from a two-pound bag would amount to approximately 3.5 ounces (100 grams). That calculation reflects the allegation, not a verified measurement of Walmart's products.

The proposed class action still requires judicial consideration. Its eventual outcome will determine whether the allegations are substantiated and whether eligible consumers may be entitled to relief.