Junior Mints box has 43 percent empty air and is deceiving, consumer alleges

By Noddy A. Fernandez | Oct 13, 2017

WHITE PLAINS, N.Y. (Legal Newline) – A consumer alleges she was deceived by a candy manufacturer because it misrepresented the amount of candy consumers were purchasing.

Biola Daniel, on behalf of herself and all other similarly situated, filed a complaint on Oct. 3 in the U.S. District Court for the Southern District of New York against Tootsie Roll Industries LLC alleging common law fraud and other counts.

According to the complaint, the plaintiff alleges that on Sept. 23, 2016, she purchased the defendant's 3.5-ounce boxed Junior Mints candy and claims she was financially injured because she did not receive the quantity she paid for. She alleges the box contained 43 percent empty air, or slack-fill.

The plaintiff alleges she and class members were injured as result of the deceptive conduct because they paid money for less product that was advertised or represented they would be receiving. 

The plaintiff holds Tootsie Roll Industries LLC responsible because the defendant allegedly omitted or misrepresented material the quantity of candy in the box and alleges that had she known of the actual amount, she would not have purchased the product.

The plaintiff requests a trial by jury and seeks to recover compensatory, statutory and other damages sustained, order immediate cease of wrongful conduct, pre- and post-judgment interest, attorneys' fees, costs and such other relief as the court may deem just and proper. She is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC in New York.

U.S. District Court for the Southern District of New York Case number 1:17-cv-07541-NRB

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Duquesne University Athletics Lee Litigation Group, PLLC U.S. District Court for the Southern District of New York

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