Opening a box of candy only to find it half full feels like a cruel joke. It’s akin to unwrapping a giant present on Christmas morning, but discovering a lone pair of fuzzy socks enclosed within. It’s nice and all, but not what you expected. A similarly unhappy customer is taking her partially-filled box of Jr. Mints to court and suing Tootsie Roll for consumer fraud.

As the lawsuit explains, Paige Stemm went to her local Walmart and purchased a box of Junior Mints for about a dollar. To her frustration, the “oversized theater box” contained “nearly as much air as candy.” The lawsuit seeks class-action status and is suing Tootsie Roll Industries – the makers of Junior Mints – for “misleading, deceptive and unlawful conduct” in it’s packaging.

Slack Fill and Consumer Fraud

Lawsuits such as this are referred to as slack fill lawsuits and are governed by federal regulation. Slack fill is “the difference between the actual capacity of a container and the volume of product contained therein.” Not all slack fill is bad, though.

If you think you may have been a victim of consumer fraud, contact an attorney who can assess your case and guide you in the first steps for filing a claim.

Related Resources:

  • Find an Attorney Near You (FindLaw’s Lawyer Directory)
  • What Consumer Protection Agencies Do (FindLaw’s Learn About the Law)
  • Received a Class Action Lawsuit Notice? What Do You Do Next? (FindLaw’s Injured)
  • How Does a Lawsuit Become a Class Action? (FindLaw’s Law and Daily Life)

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