Federal court dismisses “slack-fill” packaging claims as too barebones

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A district court in Illinois recently dismissed putative class action claims against Fannie May Confections Brands, Inc. based on allegations that certain boxes of their sugary treats contained fewer candies than expected. Benson v. Fannie May Confections Brands, Inc., No. 17 C 3519, 2018 WL 1087639, at *1 (N.D. Ill. Feb. 28, 2018).

The facts of the case are short and sweet. Plaintiffs purchased two boxes of candy, Mint Meltaways and Pixies, from Fannie May for approximately $10 each. Upon opening the boxes, Plaintiffs discovered that they were occupied by between 33% and 40% of empty space, or “slack fill.” Id. Plaintiffs brought a putative class action on behalf of purchasers of the candies they purchased, as well as eight varieties of Fannie May candies that they did not purchase, all of which were sold in similar 7-ounce boxes that included over 33% slack fill. Id. Plaintiffs asserted claims for violations of the Illinois Consumer Fraud and

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No crying over steamed milk: Starbucks wins summary judgment in underfilled latte suit

Earlier this month, Judge Yvonne Gonzales Rogers of the United States District Court for the Northern District of California granted a summary judgment motion filed by Starbucks Corporation (“Starbucks”), dismissing all counts brought by a putative class alleging that Starbucks “uniformly underfills its lattes and mochas” to “save on the costRead the full article →