Mike & Ike, Hot Tamales Packaging Suit Goes Ahead

Candy eaters can go ahead with a would-be class suit alleging oversized boxes trick consumers into thinking they are getting more Mike & Ike and Hot Tamales pieces (White v. Just Born, Inc., 2017 BL 253082, W.D. Mo., No. 17-04025, 7/21/17).

Confectioner Just Born Inc. must face the suit for now, even though the packages display the net weight, serving size, and number of servings per box, the U.S. District Court for the Western District of Missouri said July 21.

The decision adds this case to the growing number of suits challenging “non-functional slack fill,” or alleged useless ...