Putative Class Action Claims Slack-Fill Violations in Chocolate Packaging

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