TRENTON, N.J. (Legal Newsline) – Class action lawyers mad at the empty space in candy boxes have filed a lawsuit in New Jersey similar to another being contested in California.
The New Jersey firm Shepherd Finkelman teamed with California’s Clarkson Law Firm for a class action filed Dec. 10 in federal court against Tootsie Roll.
Boxes of Junior Mints and Sugar Babies sold in movie theaters have more air, called slack fill, than customers expect when they see the size of the box, the lawsuit says.
“Tootsie’s ‘slack-fill’ scam dupes unsuspecting consumers across America to pay for empty space at premium prices,” the lawsuit says.
Tootsie Roll recently convinced an Oakland federal magistrate judge that enough money is at stake in the California case to give federal courts jurisdiction under the Class Action Fairness Act.