Junior Mints Class Action Lawsuit Alleges Excessive Slack-Fill

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Tootsie Roll Industries LLC has been hit with a class action lawsuit alleging it deceptively packages its Junior Mints candies to trick consumers into believing the package contains more product than it actually contains.

Plaintiff Biola Daniel says this deceptive packaging is non-functional slack-fill, which violates the Federal Food Drug and Cosmetic Act and New York consumer protection laws.

According to the Junior Mints class action lawsuit, the term “slack-fill” refers to air or filler material contained within a product package. Although slack-fill can sometimes serve a legitimate purpose such as protecting the product within the packaging, non-functional or excessive slack-fill is prohibited.

“When consumers purchase a package of Defendants’ Product, they are getting less candy than they bargained for; they are effectively tricked into paying for air, because the Product boxes contain large amounts of non-functional slack fill,” the Junior Mints class action lawsuit states.

Daniel asserts that as much as 43 percent of the 3.5-ounce box of Junior Mints contains empty space. However, because the product is packaged in a non-transparent cardboard box, consumers have no way of knowing the package contains a significant amount of air before they decide to purchase the product.

“While some of Defendant’s slack-fill may have functional justifications related to packaging requirements or the effects of settling, Defendant’s total slack-fill far exceeds the amount necessary for this, and some of the slack-fill is therefore non-functional slack-fill,” the Junior Mints class action lawsuit alleges.

Daniel points to comparable products such as Good & Plenty candy and Milk Duds, which are both manufactured by The Hershey Company, to demonstrate that the slack-fill included in the Junior Mints packaging is excessive. According to the Junior Mints class action lawsuit, a similarly-sized package of Good & Plenty contains only about 12 percent slack-fill, and a box of Milk Duds contains about 23 percent slack-fill.

“When Defendant’s competitor Hershey’s fits more of a similar candy into a similar size box to one that the Product uses, it proves that at least some of the empty space in the Product boxes is unnecessary slack fill,” Daniel alleges in the Junior Mints class action lawsuit.

The Junior Mints slack-fill class action lawsuit was filed on behalf of Daniel and a proposed Class of U.S. consumers who purchased Junior Mints during the applicable statute of limitations period. Alternatively, Daniel seeks to represent a Class of New York consumers who purchased Junior Mints during the applicable statute of limitations period.

On behalf of the Class, Daniel is seeking compensatory damages, actual and/or statutory damages; restitution and disgorgement; an order requiring Tootsie Roll to stop using excessive and non-functional slack-fill in its product packaging; an order requiring Tootsie Roll to engage in a corrective advertising campaign; pre- and post-judgment interest; attorneys’ fees and costs; and other relief deemed proper by the court.

Daniel is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.

The Junior Mints Slack-Fill Class Action Lawsuit is Biola Daniel v. Tootsie Roll Industries LLC, Case No. 1:17-cv-07541, in the U.S. District Court for the Southern District of New York.

UPDATE: On March 26, 2018, three consumers asked a federal court not to dismiss class action claims that the packaging for Junior Mints misleads buyers as to the amount of product inside.

UPDATE 2: On Aug. 1, 2018, a judge has dismissed a class action lawsuit claiming that Junior Mints boxes are underfilled, stating that consumers had unrealistic expectations for the level of specificity and description on the candy box’s labeling.