Mike & Ike Maker Can’t Get Quick Appeal of Class Status

Just Born Inc., maker of Mike and Ike and Hot Tamales candies, can’t immediately challenge class status in a suit over alleged consumer deception.

The suit alleges that the half-empty candy boxes trick customers into thinking they’re getting more.

The U.S. Court of Appeals for the Ninth Circuit denied the company’s motion for permission to appeal a district court’s class certification decision.

Stephanie Escobar said she bought a box of Mike and Ike candy at a movie theater and found the box to be about half-full of air.

In March, the Southern District of California certified a class of all ...