Anne Bucher  |  June 12, 2018

Category: Consumer News

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A settlement has reportedly been reached in a class action lawsuit alleging packages of Werther’s candies contain about 60 percent empty space.

On Friday, U.S. District Judge Vincent L. Briccetti of the Southern District of New York filed an order dismissing the Werther’s class action lawsuit because he had been advised that plaintiff Jeffrey Kpakpoe-Awei and defendant Storck USA LP had reached a settlement.

Kpakpoe-Awei filed the Werther’s class action lawsuit in February, claiming he overpaid for a package of Werther’s Sugar Free Caramel that contained excessive and non-functional slack-fill. He says he paid $3.58 for a 2.75-ounce bag of the candy and that he would repurchase the product in the future as long as he did not have to pay for the nearly 60 percent of the package area that contained empty space.

According to the Werther’s class action lawsuit, the bags of candy were filled with about 2 inches of Werther’s candy and about 4.5 vertical inches of empty space. Because the bags of candy are opaque, consumers are unable to visibly ascertain how much candy is contained inside the bag.

Storck uses oversized packaging to dupe consumers into believing they are receiving more of the candy than the bag actually contains, the Werther’s slack-fill class action lawsuit claims.

Kpakpoe-Awei says the empty space is non-functional slack-fill. He points to 5-ounce bags of Werther’s Originals Chewy Caramels, which only contain about one-third empty space. He says Storck could package its Werther’s Sugar Free Caramel candies in bags with less empty space but has intentionally chosen not to do so.

The plaintiff alleges that the package disclosures about the weight of the product and the number of individual pieces of candy included in the package are insufficient to inform consumers about the amount of candy it contains because they might not know how big each piece of Werther’s candy is.

The Werther’s class action lawsuit notes that the U.S. Food and Drug Administration has found that consumers cannot be expected to closely inspect and/or manipulate product packaging to determine how much of the product it contains.

Kpakpoe-Awei filed the Werther’s class action lawsuit on behalf of himself and a proposed Class of U.S. consumers who purchased a 2.75-ounce bag of Werther’s Originals Sugar Free Caramel Candies within the applicable statute of limitations period.

Details about the terms of the proposed Werther’s slack-fill class action settlement were not immediately available.

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.

Kpakpoe-Awei is represented by C.K. Lee and Anne Seelig of the Lee Litigation Group PLLC.

The Werther’s Slack-Fill Class Action Lawsuit is Jeffrey Kpakpoe-Awei v. Storck USA LP, Case No. 7:18-cv-01086, in the U.S. District Court for the Southern District of New York.

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311 thoughts onWerther’s Class Action Settlement Reached over Excessive Slack-Fill

  1. Nicholas Picano says:

    Please add me

  2. cynthia whidbee says:

    add me please

  3. miguel A mercado says:

    Add me please

  4. Natalie Bays says:

    ADD ME PLEASE

  5. Shirley Price says:

    I purchase Werthers often and like a few other products the package are not every full, please add me.

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  6. Susan Weakland says:

    Add me please.

  7. Irene DelBono says:

    I have a long list of slackfilled products – sick of buying products only to find they are 1/3 to 1/2 filled. The last box of pasta I opened – 1/3 filled! They leave a tiny window towards the bottom so you can see the product, but the product doesn’t go much above that window. Need to turn the box upside down to see how much is slack fill.

  8. Denise Spier says:

    Add me pls

  9. Veronica Mosley says:

    Please add me to this

    1. Cassandra Summers says:

      Add me

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