Consumer alleges Werther's candies are packaged in containers with 40 percent slack-fill

By Noddy A. Fernandez | Nov 20, 2018

LOS ANGELES (Legal Newsline) – A California consumer alleges a brand of candy is packaged in an illegal container because it contains nonfunctional slack-fill.

Jacqueline Woods, individually and on behalf of all others similarly situated and the general public filed a complaint on Nov. 14 in the U.S. District Court for the Central District of California against Storck USA LP over alleged violation of California's Consumer Legal Remedies Act, False Advertising Law and Unfair Competition Law.

According to the complaint, the defendant makes Werther's Original Caramel Hard Candies. The plaintiff alleges the candy is packaged in opaque containers that have more than 40 percent empty space, or slack-fill.

The plaintiff holds Storck USA LP responsible because the packaging used by the defendant allegedly made the plaintiff believe she was receiving more product than what was sold.

The plaintiff requests a trial by jury and seeks injunctive relief, compensatory and punitive damages, prejudgment interest, attorneys' fees, costs of suit and for such other and further relief as the court deems just and proper. She is represented by Ronald A. Marron, Michael T. Houchin and Tania Babaie of Law Offices of Ronal A. Marron in San Diego, California.

U.S. District Court for the Central District of California, case number 5:18-cv-02409-DDP-KK

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