Chocolate Maker Faces Class Action Over Allegedly Underfilling Boxes

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A class action filed in Illinois district court alleges Fannie May Confections Brands Inc. underfills its chocolate boxes.

Lead plaintiffs, Clarisha Benson and Lorenzo Smith, allege in their class action complaint that Fannie Mae fools customers into believing they are buying more chocolate by using a box that disguises the amount of “slackfill” present.

Slackfill, say the plaintiffs, is the amount of empty space in a product’s packaging to protect the product and account for settling during transportation.

“Defendant has deceived plaintiffs and other consumers throughout Illinois by misrepresenting the volume of the products,” allege the plaintiffs. “Inducing plaintiffs and class members to reasonably rely on defendant’s misrepresentations and purchase products they would not have purchased otherwise (or would not have purchased at their given purchase prices).”

According to the class action, Fannie Mae 7 oz. chocolate boxes obscure the fact that nearly half the box is empty.  The plaintiffs allege that this amount of slackfill serves no legitimate purpose. It is far too much than necessary to protect the product, they say.

The Fannie May chocolates included in the class action complaint are 7 oz. varieties of the Hot Fudge Truffles, Mint Meltaways, Peanut Butter Buckeyes, Sea Salt Caramels, Pixies, Bite-Size Pixies, Carmarsh, and Trinidads.  The chocolates retail for approximately $9.99 a box, allege the plaintiffs.

The plaintiffs say they paid a premium based on the amount of chocolate they thought was in the Fannie May package and not the actual amount that was in there. They allege they were deceived by the design of the box, which concealed the lack of chocolate on the inside.

“Defendant uses non­functional slack­fill to mislead consumers into believing that they are receiving more chocolate or confections than they are actually receiving,” allege the plaintiffs in their class action.

The plaintiffs seek to represent a Class of individuals who purchased Fannie Mae chocolates in Illinois between May 10, 2012 and the present. The plaintiffs allege Fannie Mae is in violation of Illinois consumer and business laws, was unjustly enriches, and is falsely advertising the allegedly underfilled boxes of chocolate.

“At the point of sale,” alleges the class action. “Plaintiffs and Class members did not know, and had no reason to know, that the Products contained non-functional slack-fill as set forth herein, and would not have bought the Products at the given prices had they known the truth about them.”

According to the class action, the plaintiffs are due a refund for the lack of chocolate they received, along with an injunction against Fannie Mae to stop the company from including allegedly excess slackfill in their chocolate boxes.  The plaintiffs are also seeking attorneys’ fees and costs.

Benson and Smith are represented by James X. Bormes and Catherine P. Sons of the Law Office of James X. Bormes PC and Kasif Khowaja of The Khowaja Law Firm LLC.

The Fannie May Underfilled Chocolate Class Action Lawsuit is Clarisha Benson et al. v. Fannie May Confections Brands Inc., Case No. 1:17-­cv­-03519, in the U.S. District Court for the Northern District of Illinois.