Makers of Mike and Ike candy settle class action lawsuit

this is big. sure hope you folks saved your receipts

https://www.mcall.com/business/mc-biz-mike-ike-hot-tamales-candy-settlement-20200814-kt7edfxjmzahziywynzud6ify4-story.html

Just Born reaches $3.3 million settlement in lawsuit over empty space in Mike and Ike boxes
By PETER HALL
THE MORNING CALL
AUG 14, 2020 AT 3:57 PM

BETHLEHEM — Lovers of Bethlehem-based Just Born’s fruity Mike and Ike candy may be eligible to receive cash or free sweets as part of a $3.3 million settlement in a class-action lawsuit over empty space in the boxes.

A California judge last month gave preliminary approval to a settlement in two lawsuits that claimed the size of Just Born’s cardboard packaging was misleading to consumers.

Anyone who purchased Mike and Ike or the similarly shaped Hot Tamales cinnamon candy in cardboard boxes between Feb. 3, 2013, and July 23 of this year can file a claim for a share of the settlement.

People who saved receipts for the candy can request cash payments of 50 cents per box up to a total of $8 or a free box of candy for every two boxes purchased up to a total of eight boxes. Those without receipts can request, under penalty of perjury, vouchers for up to eight free boxes of candy. The awards could be adjusted more or less depending on how many people file claims.

In addition, the settlement requires Just Born to add to its Mike and Ike and Hot Tamales packaging an image showing the actual size of a piece of the candy or a line showing how full the box is.

Just Born announced the settlement this week with a statement that it maintains its labels and packaging comply with U.S. Food and Drug Administration requirements and provide consumers with proper information to guide their purchasing decisions.

“While we deny the allegations, any wrongdoing or causing any harm, we have agreed to settle this class action lawsuit to avoid the cost of continued litigation. We are committed to continue as a family-owned and responsible manufacturer of quality candy that consumers know and love,” the statement said.

Calls to the Clarkson Law Firm, which represents the plaintiffs in the suits, were not returned. The plaintiffs’ lawyers may claim up to $1.2 million in attorney fees.

The lawsuits were filed in federal court in Los Angeles and California court in San Bernardino County. They alleged Just Born’s packagings violated state and federal consumer protection laws because they appeared to contain far more candy than they actually did.

Stephanie Escobar of Los Angeles filed the federal lawsuit after she purchased a box of Mike and Ike at a movie theater in 2016. She selected the $4 box of candy from a glass display case at the cinema’s concession counter but claimed she didn’t discover until she got to her seat that it was only about half full.

Her claim that the packaging violates California’s consumer protection, false advertising and unfair competition laws cited research showing that 70% to 80% of consumers don’t look at labels before purchasing food and candy.

“Faced with a large box and a smaller box with the same amount of product inside … consumers are apt to choose the larger box because they think it’s a better value,” the suit says.

Morning Call reporter Peter Hall can be reached at 610-820-6581 or peter.hall@mcall.com.
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