Boxes of Raisinets, Sno Caps, Nerds and Other Candies
Allegations: Deceptively using slack-filled boxes for candies
Gruber et al v. Ferrara Candy Co.
19-cv-4700, N.D. Ill.
(July 2019)
Nerds, Runts, and Everlasting Gobstoppers
Falsely advertising that its candies do not contain artificial flavors when they contain the synthetic ingredient malic acid
Settled and voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled. as to the named plaintiff’s claims and When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled. as to the class members’ claims
Allegations: Deceptively using slack-filled boxes for candies
Allegations: Falsely marketing products as “Naturally Flavored” and “Made With Real Fruit Juice” when they contain an artificial flavoring ingredient
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
Allegations: Misleadingly marketing caramel candies as “rich and creamy” and “made with real milk” when the fat content comes from a vegetable oil
Allegations: Misleadingly advertising that cookies are made with real fudge when they contain ingredients not found in fudge
Six big game marketers that have been accused of fumbling ad claims.
Sometimes the trick is the treat.