CHICAGO (Legal Newsline) – A consumer claims that type of Starburst candies are sold with false calorie information.

Arthur Tyksinski, individually and on behalf of a class of similarly situated individuals filed a complaint on Aug. 30-in the Cook County Circuit Court against The WM. Wrigley Jr. Co. and Mars Inc. alleging violation of the Illinois Consumer Fraud and Deceptive Business Practices Act.

According to the complaint, the defendants advertise thir Starburst Gummies candies as having 130 calories per serving. The plaintiff claims the candies do not actually contain 130 calories per serving, but more than 140 calories per serving. 

As a result, the class allegedly suffered in the form of consuming appreciably more calories than intended and actual monetary damages. 

The plaintiff requests a trial by jury and seeks award of actual, treble, statutory and punitive damages; prohibit any further sales of products; award of prejudgment interest; attorneys' fees; costs; and such further and other relief the court deems reasonable and just. He is represented by Myles McGuire, Eugene Y. Turin and David L. Gerbie of McGuire Law PC in Chicago.

The defendants removed this case to the U.S. District Court for the Northern District of Illinois Oct. 2.

U.S. District Court for the Northern District of Illinois case number 1:17-cv-07107 

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