Tag: slack-fill
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Russell Stover, Ghirardelli Underfill Chocolate Boxes, Consumer Alleges
Following a settlement with California district attorneys making similar allegations, Russell Stover and Ghirardelli Chocolates have been targeted in a New York putative class action alleging the companies’ chocolate packages are “predominantly empty” “through the large void spaces which comprise most of the packaging interior around the actual few items contained therein.” Faison v. Russell…
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Fannie May Slack-Fill Suit Dismissed
An Illinois federal court has dismissed a putative class action alleging that Fannie May Confections Brands Inc. underfills its Mint Meltaways and Pixies candy boxes. Benson v. Fannie May Confections Brands Inc., No. 17-3519 (N.D. Ill., E. Div., entered December 10, 2018). The court previously dismissed the plaintiffs’ complaint on the grounds that it provided…
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Plaintiff’s Firm Files Malic Acid, Slack-Fill Lawsuits
Two consumers represented by the same plaintiff’s attorneys have filed lawsuits alleging food companies misleadingly label their products as natural because they contain malic acid. Morris v. Mott’s LLP, No. 18-1799 (C.D. Cal., filed October 4, 2018); Clark v. Hershey Co., No. 18-6113 (N.D. Cal., filed October 4, 2018). The plaintiffs assert that Mott’s Assorted…
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Claims Cut From One Suit While Pret A Manger Faces Another
A New York federal court has dismissed allegations from a putative class action arguing that Pret A Manger Ltd. sold sandwich wraps with excess slack fill between the wrap’s halves. Lau v. Pret A Manger (USA) Ltd., No. 17-5775 (S.D.N.Y., entered September 28, 2018). The court held that the plaintiffs lacked standing for an injunction…
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Trader Joe’s to Settle Tuna Slack-Fill Class Action
Trader Joe’s has agreed to pay $1.3 million to settle allegations that it underfills its five-ounce tuna cans. In re Trader Joe’s Tuna Litig., No. 16-1371 (C.D. Cal., motion filed September 14, 2018). Under the agreement, class members will receive $29, which will be diluted pro rata if the total amount of claims exceeds the…
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Federal Court Dismisses Slack-Fill Action Against Candymaker
A federal court in Missouri has denied class certification in a slack-fill action against Just Born Inc., ruling that the plaintiff was unable to represent one proposed class and that individual issues would predominate for the other two. White v. Just Born, Inc., 14-4025 (W.D. Mo., entered August 7, 2018). Alleging that boxes of Mike and…
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Court Dismisses Junior Mints Slack-Fill Suit
A New York federal court has dismissed a putative slack-fill class action against Tootsie Roll Industries, finding that the packaging of Junior Mints contains sufficient information for consumers to determine its volume and that “[t]he law simply does not provide the level of coddling plaintiffs seek. … The court declines to enshrine into the law…
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Halo Top Underfills Pints, Lawsuit Alleges
Two consumers have filed a putative class action alleging that Eden Creamery “underfills its ‘pints’ of ice cream”—“[d]ramatically so at times, and as a course of business.” Kamal v. Eden Creamery LLC, No. 18-1298 (S.D. Cal., filed June 15, 2018). The complaint alleges, “Purchasers of the premium-priced ice cream simply have no idea how much ice…