LOS ANGELES (Legal Newsline) - An August class action lawsuit says the maker of Sour Patch Kids is tricking customers with a big box and comparatively few candies.
Elsa Merida filed a class action suit in the Superior Court of the State of California County of San Bernardino against Mondelez International, Inc. Mondelez Global LLC and Does 1-10 for fraud and false advertising, among other claims.
According to the complaint, Defendants deceptively sell all flavors, varieties, and sizes of Sour Patch Kids. Merida alleges that the defendants “slack-fill” scam dupes unsuspecting consumers across America to pay premium prices for empty space as all containers sold are done so in an opaque box measuring to a vertical height of approximately 15.4 cm, but are only filled with product to a height of approximately 8.2 cm.
Merida alleges this is misleading and fraudulent as customers who purchase the containers are lead to believe that the package is filled all the way with the products inside.
Merida is represented by Ryan J. Clarkson, who has tried these claims already against the maker of Junior Mints. The defendant recently removed the Sour Patch Kids case to federal court.