A California woman sues Mike and Ike company claiming that the candy box she bought was half empty. The woman insists that the company “falsely and deceptively” misinterprets how many candies each box should have. Consumers filed lawsuit for their coffee being too hot or for Red Bull not giving wings. Now, let’s see what was wrong with candies.
Stephan Escobar found herself in a situation many would recognize. While at a movie theater she bought a box of Mike and Ike candies which was only 54% filled. Most of the movie theaters in the US have this candies in stock.
Escobar says she bought the candy at a Los Angeles movie theater based on the information she read on the package, which included the size of the box. She claims that she would never buy it for $4 if she had known almost half of it was slack-fill. She had done a bit of investigation herself and found out that the same was true for many Mike and Ike and Hot Tamale (both products of the company) candy boxes.
Ryan Clarkson, Escobar’s lawyer, says his client had a reaction of “surprise and disappointment” when she opened the box at the movie theater.
What Does the Lawsuit Claim?
The woman sues Mike and Ike company on “behalf of all other purchasers of this particular product.” The lawsuit claims that Just Born Quality Confections violated a number of California laws. Thos include false advertising and unfair competition laws, as well as the consumer legal remedies act. Escobar wants a refund and is also demanding the company to review its practices.
Clarkson thinks that the story with half-empty boxes is impacting customers on a much more larger scale.”From the perspective of our client alone, there’s not a lot at issue, but from the perspective of the defendant manufacturer, and the fact that they can save roughly 50% of food supply cost in every box they sell, it results in a windfall to the manufacturer,” he mentioned.
The firm has also filed lawsuits against Nestle and Tootsie Roll Industries. On behalf of their plaintiffs, the firm blames the companies for engaging in similar illegal practices.
Clarkson believes that the solution for the manufacturer is simple. They either have to shrink the box size or to fill it.
How Did the Company Respond?
Vice president of corporate affairs at Just Born, Matt Pye, told Fox News that Escobar’s allegations are “baseless.” And that the company plans to “vigorously defend” itself. “Our products and labels comply with all FDA regulations and provide consumers with the information they need to make informed purchase decisions,” says the company’s statement.
Slack fill lawsuits seem to be on the rise. Consumers all over the US insist on higher transparency when it comes to products’ marketing and packaging. According to Legal News, the US Food and Drug Administration has guidelines about the reasonable and necessary space in packaging. Escobar and Clarkson are only one of many cases that try to tackle this industry-wide problem and change the status quo.