Ferrara Candy Class Action Says Chewy Red Hots Boxes are Underfilled

Ferrara Candy Co. is facing a class action lawsuit alleging it engages in deceptive conduct by underfilling packages of Chewy Red Hots candy without having a functional purpose for doing so.

Plaintiff Jaclyn Waters of Missouri says she purchased a package of Chewy Red Hots Candy on at least one occasion from a Walmart store. She says she paid a premium for the candy.

According to the Red Hots class action lawsuit, she either would have not purchased the product, or would have purchased it on different terms, had she known the container was substantially empty.

“The average consumer spends a mere 13 seconds making an in-store purchasing decision,” Waters alleges in the Red Hots class action lawsuit. “That decision is heavily dependent on a product’s packaging, and particularly the package dimensions.”

The Federal Food, Drug and Cosmetics Act and Missouri law prohibit companies from engaging in any deceptive, fraudulent, misleading and unfair conduct in connection with the sale or advertisement of merchandise, the Red Hots class action lawsuit states.

The law specifically prohibits companies from engaging in the practice of non-functional slack-fill in containers that do not allow consumers to fully view the contents of a package. The term slack-fill refers to the empty space within a package that does not have a functional purpose, such as protecting the contents of the package, unavoidable product settling, or limitations of the machines used to package the products.

The Red Hots class action lawsuit accuses Ferrara of violating the Missouri Merchandising Practices Act and Missouri common law. Waters seeks disgorgement of the unjust enrichment Ferrara enjoyed due to its alleged practice of underfilling containers of Chewy Red Hots candy.

According to the Ferrara slack-fill class action lawsuit, Chewy Red Hots are sold in a variety of flavors, including Original Cinnamon, Intense Cinnamon, Sizzling Sour, Kick’n Mango-Lime and Dark-Chocolate Covered Chewy Red Hots. Waters says that all of these Ferrara Red Hots products are packaged in non-transparent cardboard containers that contain non-functional slack-fill.

By filing the Ferrara candy class action lawsuit, Waters seeks to represent a Class of all Missouri citizens who purchased the Chewy Red Hots products within the last five years.

“Plaintiff and Class Members suffered an ascertainable loss as a result of Defendant’s unlawful conduct as alleged herein, including the difference between the actual value of the purchased Products and the value of the Products if they had been as represented,” the Chewy Red Hots class action lawsuit states. “Had Plaintiff and Class Members known the truth about the Products, they would not have purchased the Products, or would have purchased the Products on different terms.”

Waters seeks Class certification, compensatory damages, pre- and post-judgment interest, attorneys’ fees and costs, and any other relief deemed appropriate by the court.

The plaintiff is represented by Matthew H. Armstrong of Armstrong Law Firm LLC.

The Ferrara Red Hots Class Action Lawsuit is Jaclyn Waters v. Ferrara Candy Co., Case No. 4:17-cv-00197-NCC, in the U.S. District Court for the Eastern District of Missouri.