Ferrara Reaches $2.5M Jujyfruits Slack-Fill Class Action Settlement

Ferrara Candy Co. has reportedly agreed to pay $2.5 million to settle a class action lawsuit accusing it of packaging Jujyfruits and other candies with excessive amounts of empty space, leading consumers to believe they are purchasing more candy than they actually receive.

Plaintiff Thomas Iglesias filed the Jujyfruits class action lawsuit against Ferrara last year after he purchased a 5-ounce box of Jujyfruits at a San Francisco movie theater.

He claims he was surprised to find that much of the opaque cardboard package was filled with empty space instead of the candy he was expecting.

Iglesias says he would not have purchased the Jujyfruits candy if he had known the package was under-filled and contained more than 40 percent of non-functional slack-fill.

The Jujyfruits class action lawsuit asserts claims for unjust enrichment and violations of state and federal consumer protection laws and product packaging laws.

Class Members of the proposed Ferrara slack-fill settlement include anyone in the United States who, since Feb. 21, 2013, purchased Jujyfruits, Jujubes, Now and Later, Lemonhead, Applehead, Cherryhead, Grapehead, RedHots, Trolli, Chuckles, Black Forest, Jawbuster, Jawbreaker, Brach’s, Boston Baked Beans, Super Bubble, Rainblo and Atomic Fireball candies that were packaged in opaque cardboard packages.

Under the terms of the proposed Jujyfruits slack-fill class action settlement, Ferrara has agreed to modify its quality control procedures and target its fill levels to at least 70 percent for theater box products and at least 50 percent for products that are packaged in a bag within a box.

Class Members who submit timely and valid claims will be entitled to a cash refund of 50 cents per purchase if the settlement is approved. Proof of purchase is not required, but those who submit claims without a receipt or other documentation may only claim up to $7.50. There is no cap on the number or amount of claims submitted by Class Members who provide proof of purchase.

The Ferrara slack-fill settlement documents note that the actual payment each claimant is eligible to receive may be increased or decreased in order to exhaust the class action settlement fund.

Iglesias filed the motion seeking preliminary approval of the Ferrara class action settlement on May 10.

“The monetary relief provided by this settlement is especially beneficial in a contested proceeding like this one, where class members who lack proof of purchase–which is likely the vast majority of class members here–might get nothing at all,” Iglesias argues in his motion supporting approval of the Jujyfruits slack-fill settlement.

A hearing has been scheduled for June 21.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The plaintiffs are represented by Ryan J. Clarkson, Shireen M. Clarkson and Bahar Sodaify of Clarkson Law Firm PC.

The Ferrara Jujyfruits Slack-Fill Class Action Lawsuit is Thomas Iglesias v. Ferrara Candy Co., et al., Case No. 3:17-cv-00849, in the U.S. District Court for the Northern District of California.

UPDATE: The Ferrara Candy Co. slack fill class action settlement website is not available.  Check out settlement details and get the claim form here.

UPDATE 2: On Nov. 12, 2019, Top Class Actions viewers started receiving checks in the mail worth up to $16.20. Congratulations to everyone who filed a claim and got PAID!