Top Class Actions  |  October 18, 2021

Category: Closed Class Actions

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This settlement is closed!

Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!

Ferrara Candy Co. logo - Nestle USA
(Photo Credit: dmitro2009/Shutterstock)

Update:

  • Readers reported this settlement paying out $20 as of June 1, 2022.

  • Congratulations to everyone who filed a claim and got PAID!


Consumers nationwide who purchased specific Ferrara Candy Co. or Nestle USA candies between Feb. 9, 2013, and Sep. 23, 2021, may be eligible to receive up to $8 without proof of purchase thanks to a recent $3.7 million Ferrara Candy class action settlement.

Settlement Class Members include residents of the United States who purchased one or more cardboard boxes of Raisinets, Buncha Crunch, Butterfinger Bites, Toll House Semi-Sweet Chocolate Morsels, Rainbow Nerds, SweeTarts, Spree, Sno-Caps, Runts, or Gobstoppers between Feb. 9, 2013, and Sep. 23, 2021.

Plaintiffs in the Ferrara Candy class action lawsuit allege Ferrara and Nestle USA both intentionally underfilled their cardboard candy boxes to deceive potential consumers into thinking more product was in the box than there actually was. 

Further, the plaintiffs say an unacceptable 48 percent of the overall space within candy boxes was left empty. The plaintiffs argue they would not have paid the price they did if they knew they were only getting about 52 percent of the product they expected to receive.

The company denies any wrongdoing or liability regarding this matter, and argues the unfilled space helps protect the product and is not meant to be deceptive. 

The Court did not make a ruling or determination of guilt in this class action lawsuit. 

Both parties considered the benefits, risk, cost, and time associated with continuing to pursue this case and determined the settlement agreement is in every party’s best interests.

Per the Ferrara Candy settlement agreement, eligible Class Members will receive $0.50 per unit of covered product up to a maximum of sixteen units, or $8.

A final hearing in the Ferrara Candy class action settlement will take place Jan. 12, 2022.

Class Members have a right to object to the proposed settlement agreement by Dec. 27, 2021.

Class Members who do not want to participate in the settlement but want to maintain the right to pursue future litigation must exclude themselves from the Class. To do so, Class Members must ask the Court to be excluded by Dec. 27, 2021.

Class Members who do not take action will not receive a payment. Despite that, they’ll still be bound by the terms of the Settlement Agreement, so they will not be eligible to pursue future litigation regarding this matter.

Class Members who wish to receive compensation in this class action settlement must submit a valid claim by Dec. 27, 2021.

Who’s Eligible

Settlement Class Members include residents of the United States who purchased one or more cardboard boxes of Raisinets, Buncha Crunch, Butterfinger Bites, Toll House Semi-Sweet Chocolate Morsels, Rainbow Nerds, SweeTarts, Spree, Sno-Caps, Runts, or Gobstoppers between Feb. 9, 2013, and Sep. 23, 2021.

Potential Award

$8

Proof of Purchase

No proof of purchase is required, but have to provide information on when/where the products were purchased.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

12/27/2021

Case Name

Thomas, et al. v. Nestle USA Inc., et al., Case No. BC649863 in the Superior Court of the State of California for the County of Los Angeles

Final Hearing

01/12/2022

Settlement Website
Claims Administrator

Claims Administrator
Digital Settlement Group, LLC
PO Box 350
Valparaiso, IN 46384
info@ferraracandyboxclassaction.com
877-342-0828

Class Counsel

Ryan J. Clarkson
Shireen M. Clarkson
Bahar Sodaify
Zach Chrzan
CLARKSON LAW FIRM PC

Benjamin Heikali, Esq.
FARUQI & FARUQI LLP

Defense Counsel

Dale J. Giali
Keri E. Borders
MAYER BROWN LLP

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144 thoughts onFerrara Candy Co., Nestle USA Slack-Fill $3.7M Class Action Settlement

  1. bummer says:

    my check Bounced !

    and I was charged $25 fee !

    1. Michael Davison says:

      mine did too and was charged a 12.00 bounce fee…

      1. JB says:

        Mine too

    2. Michelle Lussier says:

      mine did too and received a $10 chargeback bank fee …..

  2. Joe Alarcon says:

    Add me please

  3. Gfu says:

    $20 check received in SC today.

  4. CHRISTINE M BALTIS says:

    Received $10 today, Indiana don’t know if location matters to how much we all were sent

  5. Maurice G says:

    Me and the wife got a $20 check yesterday.

  6. Neo And says:

    $20 DE today

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.