Ferrara Candy Class Action Settlement: Slack-Fill Packaging

Ferrara Candy Co. has agreed to pay $2.5 million to settle a class action lawsuit alleging it packaged its boxed candy products in oversized packaging with excessive and non-functional empty space.

If you purchased one or more boxes of Jujyfruits, Jujubes, Now & Later, Lemonhead, Applehead, Cherryhead, Grapehead, RedHots, Trolli, Chuckles, Black Forest, Jawbuster, Jawbreaker, Brach’s, Boston Baked Beans, Super Bubble, Rainblo, Atomic Fireball, or any flavors or varieties of these candies from Feb. 21, 2013 to June 21, 2018, you may be entitled to a cash payment from the Ferrara candy class action settlement.

Plaintiff Thomas Iglesias filed the Ferrara candy class action lawsuit on Feb. 21, 2017, claiming he relied on the oversized packaging when he decided to purchase Ferrara candy products packaged in cardboard boxes and was surprised to find the packages contained excessive and non-functional empty space.

Iglesias asserts that the packaging violates state and federal packaging laws and state consumer protection laws including California’s False Advertising Law, California’s Unfair Competition Law, and California’s Consumers Legal Remedies Act.

According to the Ferrara candy class action lawsuit, Iglesias and other members of the Class suffered monetary damages because they believed the cardboard packages contained more candy than they actually contained. They were unable to view the contents through the opaque packaging and did not expect the box of candy to include a significant amount of non-functional empty space, Iglesias alleges.

Ferrara denies the allegations but agreed to settle the Jujyfruits class action lawsuit to avoid the cost and risk of ongoing litigation.

In addition to providing cash payments to Class Members who file timely and valid Claim Forms, Ferrara has also agreed to modify its quality control procedures and target fill levels.

The Ferrara candy class action settlement was preliminarily approved on June 26, 2018.

Class Members who would like to opt out of or object to the Ferrara candy settlement must do so no later than Sept. 20, 2018.

Who’s Eligible

Class Members of the Ferrara candy slack-fill settlement include U.S. residents who purchased one or more cardboard boxes of Jujyfruits, Jujubes, Now & Later, Lemonhead, Applehead, Cherryhead, Grapehead, RedHots, Trolli, Chuckles, Black Forest, Jawbreaker, Jawbuster, Brach’s, Boston Baked Beans, Super Bubble, Rainblo, Atomic Fireball, or any flavors or varieties of these candies between Feb. 21, 2013 and June 21, 2018.

Potential Award

50 cents per product purchased.

Class Members who do not submit proof of purchase can claim a maximum refund of $7.50. There is no refund cap for Class Members who submit proof of purchase with their Claim Form.

NOTE: Payments may be increased or reduced on a pro rata basis depending on the total amount of approved claims.

Proof of Purchase

None required. However, Class Members who do not provide proof of purchase can only claim up to 15 boxes for a maximum refund of $7.50.

Class Members who submit proof of purchase are entitled to a refund of 50 cents per product documented in the receipts.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

9/20/2018

Case Name

Thomas Iglesias v. Ferrara Candy Co., Case No. 3:17-cv-00849-VC, in the U.S. District Court for the Northern District of California

Final Hearing

10/25/2018

UPDATE: The Ferrara Candy Class Action Settlement was granted final approval on October 31, 2018. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

UPDATE: On November 26, 2018, an appeal to the Ferrara Candy Class Action Settlement was filed. Claims will not be paid until all appeals are exhausted.  We appreciate your ongoing patience. Top Class Actions will continue to provide updates as we learn more.  

UPDATE 3: On July 16, 2019, the appeal to the Ferrara Candy Class Action Settlement was dismissed. It is not known how quickly claims will be paid. Top Class Actions will continue to provide updates as we learn more.  

UPDATE 4: 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!

Settlement Website

www.FerraraCandySettlement.com

Claims Administrator

Ferrara Candy Claims Administrator
Digital Settlement Group LLC
8001 Broadway, Suite 200
Merrillville, IN 46410
1-877-452-8477
info@FerraraCandySettlement.com

Class Counsel

Ryan J. Clarkson
Shireen M. Clarkson
Bahar Sodaify
CLARKSON LAW FIRM PC

Defense Counsel

Michael J. Shephard
HOGAN LOVELLS US LLP