BROOKLYN, N.Y. (Legal Newsline) - A major candy company is being sued in federal court claiming the packaging of its gum contains unneeded space and is deceiving to customers.
Michelle Hu and Michelle Peery filed the lawsuit June 26 in U.S. District Court in New York against Hershey Co., claiming its Ice Breakers gum brand contains “non-functional slack-fill.”
The lawsuit named eight different flavors of Ice Breakers Ice Cubes that allegedly violates the Federal Food Drug & Cosmetic Act, which prohibits businesses from misbranding food. The plaintiffs claim in the lawsuit “the volume of the products contained..makes it appear as if (customers) are buying more than what is actually being sold.”
The gum comes in tube packaging with 40 pieces in each container. However, the gum only goes up part way in the container, and a portion of the top isn't filled.
“(Hershey) has deceived plaintiffs and other consumers nationwide by mischaracterizing the volume of their products,” the lawsuit said. “(Hershey) has been unjustly enriched as a result.”
The plaintiffs are seeking class status for those who purchased at least one of the gum flavors. They are also seeking damages in excess of $5 million plus court costs.
They are represented by C.K. Lee of Lee Litigation Group in New York City.
U.S. District Court Eastern District of New York case number 1:15-cv-03741.