Werther’s Original Class Action Says Bags of Caramels are 40% Empty

A California woman alleges in a class action lawsuit that packages of Werther’s Original Caramel Hard Candies are nearly half empty in violation of California consumer protection law.

Lead plaintiff Jacqueline Woods claims in the Werther’s class action lawsuit that the opaque packages of caramels obscures the fact that consumers receive 40 percent empty space when they purchase the candy.

“This lawsuit charges Defendant with unlawfully and unfairly packaging its Werther’s Original Caramel Hard Candies product (collectively, the ‘Product’) in opaque containers that contain more than 40 % empty space,” alleges the Werther’s Original class action lawsuit. “Most consumers purchased the Product without knowing that the containers were substantially empty.”

Woods says consumers spend only a few seconds deciding on a purchase and don’t take into account the net weight.

According to the Werther’s caramels class action lawsuit, Storck USA LP takes that into account when packaging Werther’s caramels and only partially fills the bag.

Woods alleges that she purchased an 8.1 ounce bag of Werther’s Original Caramel Hard Candies in California in 2018. She says she was looking forward to enjoying the sweet treat, but was surprised to find the bag only partially full when she opened it.

According to the Werther’s class action lawsuit, California’s Fair Packaging and Labeling Act is meant to protect consumers from deception and misrepresentation regarding the quantity of a product they decide to purchase.

The law delineates the empty space permissible in a package that occurs due to product settling, along with the requirements for the machine packaging the product and space necessary to protect the product.

All other space included within a package is considered “nonfunctional slack-fill” and is prohibited under the law, alleges the Werther’s Original Caramel class action lawsuit.

“Defendant intentionally incorporated non-functional slack-fill in its packaging of the Product. Given the materiality of the non-functional slack-fill to reasonable consumers, the packaging is per se illegal, and reliance upon the misbranded packaging by absent class members is presumed,” contends the Werther’s class action lawsuit.

The plaintiff points out in her Werther’s caramels class action lawsuit that, due to the opaque packaging used with Werther’s Original Caramel Hard Candies, consumers are at a disadvantage to see the amount of product they are purchasing.

“The container (1) does not allow consumers to fully view its contents; and (2) contains nonfunctional slack fill. As such, the packaging is per se illegal,” alleges the Werther’s candy class action lawsuit.

According to the Werther’s class action lawsuit, there is no reason why the caramel’s packaging consists of 40 percent empty space.

“Plaintiff and the Class Members will be unable to rely on the Product’s advertising as long as the Product’s packaging continues to contain nonfunctional slack-fill, and so Plaintiff and the Class Members will not purchase the Product in the future, although they would like to do so, unless and until Defendant takes corrective action,” states the Werther’s caramels class action lawsuit.

The Werther’s class action lawsuit seeks to represent a nationwide Class of consumers who purchased the Original Caramel Hard Candies, along with a California subclass.

The plaintiff is seeking damages, as well as a court order requiring Storck USA to properly fill packages of Werther’s Original Carmel Hard Candies.

Woods is represented by Ronald A. Marron, Michael T. Houchin, and Tania Babaie of the Law Offices of Ronald A Marron.

The Werther’s Original Caramel Hard Candies Class Action Lawsuit is Woods v. Storck USA LP, Case No. 5:18-cv-02409, in the U.S. District Court for the Central District of California.