Ferrara Candy Co. (“Ferrara”), maker of Jujyfruits, Now and Later, Lemonheads, and other candies, has agreed to a $2.5 million settlement to end a proposed class action suit filed in the United States District Court for the Northern District of California. In the complaint, plaintiff, Thomas Iglesias (“Plaintiff”), alleged that 41% of Ferrara’s candy boxes are slack-filled i.e. filled with empty space. As part of the settlement, Ferrara must ensure that, going forward, all of its boxes are composed of at least 75% candy.
According to Plaintiff’s attorney, “[t]his is the first ever class settlement involving slack-fill contained in theater boxes of candy. It is an excellent result for consumers and we hope it causes the rest of the confectionery industry to change their packaging practices as well.”
The proposed settlement class includes anyone in the United States who bought opaque cardboard boxes of Applehead, Atomic Fireball, Black Forest, Boston Baked Beans, Brach’s, Cherryhead, Chuckles, Grapehead, Jawbreaker, Jawbuster, Jujubes, Jujyfruits, Lemonhead, Now and Later, Rainblo, RedHots, Super Bubble, or Trolli from February 21, 2013 through the present.
Proposed class members who submit claims with proof of purchase are entitled to 50 cents per claim, and there is no limit to the number of claims a proposed class member can submit. However, without proof of purchase, reimbursement will not exceed $7.50. The filing noted how important the monetary relief in this settlement is, as it allows class members without proof of purchase, likely the majority of the class, to receive reimbursement.
The motion for preliminary approval of the settlement was filed on May 10, and a preliminary approval hearing is scheduled for June 21.
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Bucher, Anne. “Ferrara Reaches $2.5M Jujyfruits Slack-Fill Class Action Settlement.” Top Class Actions. Last modified on May 14, 2018.
Graf, Rachel. “Candy Maker Agrees to Pay $2.5M To End Slack-Fill Suit.” Law 360. Last modified on May 11, 2018.