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Consumer alleges Werther's caramel candy bags have excessive slack-fill

By Noddy A. Fernandez | Feb 14, 2018

WHITE PLAINS, N.Y. (Legal Newsline) – A New York consumer alleges a specific bag size of Werther's Original Sugar Free Chew Caramels candies misrepresents the amount of product in the bag and the candy's effect on blood glucose levels.

Jeffrey Kpakpoe-Awei, on behalf of himself and others similarly situated, filed a complaint on Feb. 7 in the U.S. District Court for the Southern District of New York against Storck USA LP over alleged violation of the New York Deceptive and Unfair Trade Practices Act and other counts.

According to the complaint, the plaintiff alleges he purchased a 2.75 ounce bag of defendant's Werther’s Original Sugar Free Chew Caramels in December 2017. He alleges the bag contained 60 percent slack-fill, most of which was non-functional.

The plaintiff also alleges that the candy's packaging states that it contains sugar alcohols that "generally only cause a small rise in blood glucose levels," but that the ingredient maltitol's effect on blood sugar is "far from minimal." He alleges the defendant's statement is false and deceptive.

The plaintiff requests a trial by jury and seeks judgment for compensatory and other damages, statutory prejudgment and post-judgment interest, attorneys’ fees and costs, such other relief as the court may deem just and proper. He 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 7:18-cv-01086-VB

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

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