KANSAS CITY, Mo. (Legal Newsline) — Consumers have filed a class action lawsuit against Just Born Inc., citing alleged false advertising and violations of the federal Food, Drug and Cosmetic Act and Missouri’s Merchandising Practices Act.
Daryl White Jr. filed a complaint Feb. 16 individually and on behalf of all others similarly situated in the U.S. District Court for the Western District of Missouri against Just Born, alleging that the manufacturer obtained profit through unfair or deceptive trade or commerce.
According to the complaint, the plaintiffs allege that they have suffered damages from receiving candy products from the defendant that contain substantially less product than expected, with some 35 percent being non-functional slack-fill.
The complaint also states that the containers are not transparent, which hinders consumer perception. The plaintiffs hold Just Born responsible because it allegedly caused the plaintiffs to purchase products that were less than the value represented and intentionally packaged and filled subject products containing non-functional slack-fill to obtain more profit.
The plaintiffs request a trial by jury and seek judgment against defendant, certification of class action status, designate class representative and counsel, declaratory relief, compensatory damages, interest, restitution, injunctive relief, attorneys’ fees, expenses, costs of suit, and further relief as may be just. They are represented by David L. Steelman, Stephen F. Gaunt and Patrick J. Horsefield of Steelman, Gaunt & Horsefield in Rolla, Missouri.
U.S. District Court for the Western District of Missouri Case number 17-cv-04025