Candy maker Fannie May faces a proposed class action alleging the confectioner underfilled some of its 7-­ounce chocolate boxes by as much as 50 percent. Benson v. Fannie May, No. 17­-3519 (N.D. Ill., filed May 10, 2017). The allegations involve boxes of Hot Fudge Truffles, Mint Meltaways , Peanut Butter Buckeyes, milk and dark Sea Salt Caramels, regular and bite­-sized Pixies , milk and dark Carmarsh and Trinidads sold at the company’s retail stores and on its website as well as other retail and online outlets nationwide. The plaintiffs allege that nonfunctional slack-­fill in the company’s nontransparent boxes violates the federal Food, Drug and Cosmetic Act as well as Illinois consumer ­protection statutes and seek class certification, equitable relief, monetary damages and attorney’s fees.


Issue 634

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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