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Junior Mints and Sugar Babies Excessive Slack Fill New Jersey Class Action

Tootsie Roll Industries, LLC “manufactures the most popular theater box candy products in the world[,]” says the complaint for this class action on its first page. But, the complaint alleges, sells the candies “in oversized, opaque boxes that” are “half-empty.” In other words, the boxes have too little candy and too much empty space, so that those who buy them, the complaint alleges, do not get what they pay for.

The class for this action is all persons who bought the Products in New Jersey for personal use and not for resale, between December 10, 2014 through May 2, 2018.

The complaint shows images of the Junior Mints and Sugar Babies boxes. Images of the fronts of the boxes have a line drawn at barely more than halfway up the box to show the amount taken up by the product as compared to empty space. Two other images show the two products presumably just opened, looking down into the box to show how far down the empty space extends to the top of the candies.

The complaint lists a number of similar class actions concerning candy boxes with excessive slack fill against companies such as Ferrara Candy Co. (Jujyfruits and Lemonheads), Taste of Nature, Inc. (Cookie Dough Bites), and Just Born, Inc. (Mike N Ike and Hot Tamales).

According to the complaint, “Tootsie choose a certain size box for its Products to convey to consumers that they are receiving a certain and substantial amount of candy commensurate with the size of the box.” The complaint alleges that this “constitute[s] an express warranty” about the amount of candy in the box.

The plaintiff in this case, Regan Iglesia, engaged what the complaint calls “two economics experts. These experts conducted a randomized conjoint experiment which included a 3,788-participant consumer survey. The results from the survey confirmed that nearly 90% of candy consumers overestimate the amount of candy contained in the Products.”

Packaging law permit a certain amount of slack fill when it is needed to fulfill certain functions. For example, on such purpose would be to protect the contents of the package. For example, bags of potato chips may be somewhat inflated so that the empty space keeps the bags from being crushed so that the chips aren’t badly broken. However, the complaint points out that the boxes do not use the empty space to fulfill any such purposes.

In a previous California case, the complaint notes, the plaintiff found on May 2, 2018 that Tootsie was going to update its packaging. “Specifically, [Tootsie] added to the front of the Products’ boxes a prominent depiction of the ‘actual size’ of the candy therein, accompanied by a numerical ‘piece count’ and additional disclaimers…” However, the complaint notes that this does not address the monetary loss to customers who bought the products before that date.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Junior Mints and Sugar Babies Excessive Slack Fill New Jersey Class Action

December 10, 2020

“Tootsie [Roll Industries, LLC] manufactures the most popular theater box candy products in the world[,]” says the complaint for this class action on its first page. But, the complaint alleges, sells the candies “in oversized, opaque boxes that” are “half-empty.” In other words, the boxes have too little candy and too much empty space, so that those who buy them, the complaint alleges, do not get what they pay for.

Junior Mints and Sugar Babies Excessive Slack Fill New Jersey Class Action

Case Event History

Junior Mints and Sugar Babies Excessive Slack Fill New Jersey Class Action

December 10, 2020

“Tootsie [Roll Industries, LLC] manufactures the most popular theater box candy products in the world[,]” says the complaint for this class action on its first page. But, the complaint alleges, sells the candies “in oversized, opaque boxes that” are “half-empty.” In other words, the boxes have too little candy and too much empty space, so that those who buy them, the complaint alleges, do not get what they pay for.

Junior Mints and Sugar Babies Excessive Slack Fill New Jersey Class Action
Tags: Deceptive Advertising, Deceptive Packaging, Excessive Slack Fill