Ferrara Candy Settles Slack Fill Putative Class Action
Ferrara Candy Co. has agreed to pay $2.5 million to settle a putative class action alleging its candy boxes contained an unnecessary amount of slack fill. Iglesias v. Ferrara Candy Co., No. 17-849 (N.D. Cal., motion filed May 10, 2018). Under the agreement, Ferrara will “modify its fill level quality control procedures and target fill levels to at least 75% for theater box Products, and at least 50% for bag-in-a-box Products.” In addition, the company will pay $2.5 million into a common fund; class members may submit claims for an unlimited number of purchases, but recovery for claims without proof of purchase will be capped at $7.50 per member. The named plaintiff will receive an incentive award of $5,000, and attorney’s fees will be capped at 30 percent of the common fund, or about $522,000.
