Mike and Ike, Hot Tamales Class Action Settlement

UPDATE 2:

• Top Class Actions viewers reported receiving payments of up to $72 as of May 17, 2021.
• Congratulations to everyone who filed a claim and got paid!

UPDATE:

• The Mike and Ike, Hot Tamales Class Action Settlement was granted final approval on Jan. 14, 2021.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

A $3.3 million class action settlement has been reached to resolve claims that Mike and Ike and Hot Tamales packaging is deceptive.

The settlement benefits consumers who purchased one or more cardboard boxes of Mike and Ike and/or Hot Tamales candies between Feb. 3, 2013 and July 23, 2020.

Since 2017, several plaintiffs have filed complaints challenging the packaging of Hot Tamales and Mike and Ike candy products. Allegedly, the cardboard box that these candies come in conceals the fact that the packaging is underfilled.

Because consumers cannot see how much candy they are getting and can only see the size of the packaging, the products are allegedly misleading. The plaintiffs argued that they and other customers would not have purchased the candies or would have paid less for them if they were aware of how much product they were actually getting.

According to the plaintiffs, the Mike and Ike and Hot Tamales packaging violated various laws including California’s False Advertising Law, California’s Unfair Competition Law, California’s Consumer Legal Remedies Act, and more.

In March 2019, plaintiffs received Class certification and were given the ability to move forward with their claims. Unfortunately, a few months later, this motion was reversed by the court after reconsideration.

Following years of litigation, candy manufacturer Just Born has not admitted any wrongdoing but has agreed to resolve the claims against them with a $3.3 million settlement. Both the plaintiffs and defendants think they could prevail in court but have agreed to resolve their claims to avoid the risk of continuing litigation.

Under the multi-million dollar settlement fund, Class Members will be able to recover either cash payments or a voucher for free candy. However, Class Members cannot receive both benefits. Instead, they must choose between the two provided options.

Cash payments will be distributed at a rate of around $0.50 per purchased product. However, the settlement website notes that cash payments may be adjusted higher or lower depending on the number of valid claims filed.

Vouchers are available for Class Members to receive one free box of Hot Tamales or Mike and Ike candies for every two boxes purchased. These benefits are capped at up to eight free boxes of candy.

In order to benefit from the Mike and Ike Hot Tamales class action settlement, Class Members must file a valid claim form by Nov. 10, 2020. Unless Class Members provide proof of purchase (receipts, etc.), payments may be reduced.

The deadline for exclusion and objection is Oct. 11, 2020. The final approval hearing for the Mike and Ike Hot Tamales class action settlement is Dec. 15, 2020.

Who’s Eligible

Consumers who purchased one or more cardboard boxes of Mike and Ike and/or Hot Tamales candies between Feb. 3, 2013 and July 23, 2020.

Potential Award

Either cash payments or vouchers for free candy.

Cash payments will be distributed at a rate of around $0.50 per purchased product. Cash payments may be adjusted to be higher or lower depending on the number of valid claims filed.

Vouchers are available for Class Members to receive one free box of Hot Tamales or Mike and Ike candies for every two boxes purchased. Class Members can receive up to eight free boxes of candy.

Proof of Purchase

Proof of purchase (receipts, etc.) is required for higher payments under the settlement.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

11/10/2020

Case Name

Mateski, et al. v. Just Born Inc., Case No. CIVDS1926742, in the Superior Court of California for the County of San Bernardino and Escobar v. Just Born Inc., Case No. 2:17-cv-01826-TJH-PJW, in the U.S. District Court for the Central District of California

Final Hearing

12/15/2020

Settlement Website

www.JustBornCandySettlement.com

Claims Administrator

Just Born Claims Administrator
Digital Settlement Group, LLC
PO Box 232
Valparaiso, IN 46384
info@justborncandysettlement.com
1-877-595-9314

Class Counsel

Ryan J. Clarkson
Shireen M. Clarkson
Matthew T. Theriault
Bahar Dosaify
CLARKSON LAW FIRM PC

Defense Counsel

Eric Y. Kizirian
Leo A. Baustista
Josephine Brosas
LEWIS BROSBOIS BISGAARD & SMITH LLP

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