Black Forest Juicy Burst
Allegations: Falsely marketing products as “Naturally Flavored” and “Made With Real Fruit Juice” when they contain an artificial flavoring ingredient
Boxes of Chewy Red Hots Candy
October 2017: The Eighth Circuit Court of Appeals affirmed the district court’s decision to remand the case to state court. Click here to read the decision.
August 2017: Ferrara Candy Co. filed a Notice of Appeal regarding the decision to remand the case to state court.
June 2017: A federal judge remanded the case to state court.
December 2016: A false advertising class-action lawsuit was filed against Ferrara Candy Co. in December 2016 (and transferred to federal court in January 2017). Specifically, the complaint alleges that the company deceptively packages its Chewy Red Hots candy using You know when you buy a big bag of chips, and you’re all psyched for a feast, and then it turns out there are like, three chips in the bag? That bag is slack filled.ed cardboard boxes. According to the complaint, the boxes are “substantially empty.” (Waters et al v. Ferrara Candy Co., Case No. 17-cv-197, E.D. Mo.)
For more information about other class-action lawsuits regarding slack-filled packaging and TINA.org’s coverage of the issue, click here.
Class-Action Tracker
Nips Caramel Hard Candies
Allegations: Misleadingly marketing caramel candies as “rich & creamy” when the candies do not contain butter or cream and the fat content comes almost exclusively from vegetable fat
Brach’s Caramels
Allegations: Misleadingly marketing caramel candies as “rich and creamy” and “made with real milk” when the fat content comes from a vegetable oil
Nerds, Runts, and Other Candies
Allegations: Falsely advertising that candies do not contain artificial flavors when they contain a synthetic ingredient
Keebler Fudge Stripes Minis Cookies
Allegations: Misleadingly advertising that cookies are made with real fudge when they contain ingredients not found in fudge
Boxes of Raisinets, Sno Caps, Nerds and Other Candies
In May 2020, a class-action lawsuit was filed against Nestle USA and Ferrara Candy Company for allegedly deceptively using You know when you buy a big bag of chips, and…
Boxes of Jujyfruits® Candy
July 2019: The appeal was dismissed for failure to prosecute. (Case No. 18-17269, 9th Cir.) November 2018: An objector filed a Notice of Appeal regarding the approval of the settlement.…
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Not So Sweet: The Deceptive Marketing of Candy
Sometimes the trick is the treat.