Boxes of Mike and Ike and Hot Tamales Candy

July 2020: A settlement agreement that would resolve this case, along with a Mateski v. Just Born, was preliminarily approved. The settlement terms would provide class members who have proof of purchase with either a $0.50 cash award for each product purchased or a voucher for one free box of candy for every two boxes purchased (for a maximum of 8 free boxes) while class members who do not have proof of purchase may receive one voucher. The company also agreed to add either an image showing the actual size of one piece of candy or a fill line on the product label. A final fairness hearing is scheduled for December 15, 2020.

February 2017: A class-action lawsuit was filed against Just Born for allegedly deceptively 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 packaging for candy. Specifically, the complaint alleges that the boxes of Mike and Ike® and Hot Tamales® candy are 46% empty space. The lawsuit was originally filed in state court and transferred to federal court in March 2017. (Escobar et al v. Just Born, Inc., Case No. 17-cv-1826, C.D. Cal.)

For more information about other class-action lawsuits regarding slack-filled packaging and TINA.org’s coverage of them, click here.