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JUST BORN: “White” Suit Says Hot Tamales Candy Packs Under-filled

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DARYL WHITE, JR., Individually and on behalf of all others similarly situated, v. JUST BORN, INC., the Defendant, Case No. 2:17-cv-04025-NKL (W.D. Mo., Feb. 16, 2017), seeks to recover damages, injunctive relief, disgorgement of Defendant’s unjust enrichment, and all other remedies the Court deems appropriate.

The Plaintiff brought the class-action lawsuit based on Defendant’s misleading, deceptive and unlawful conduct in packaging its Hot Tamales candy and Mike and Ike candy in opaque cardboard containers of identical dimensions: 3.25 inches x .75 inches x 6 inches (individually “Hot Tamales Products” and “Mike and Ike Products” and collectively “Products”). The Products are uniformly under-filled or “slack-filled.” Specifically, approximately 65% of the Hot Tamales container is filled with candy, and the remaining 35% of the container is empty. Similarly, approximately 66% of the Mike and Ike container is filled with candy, and the remaining 34% of the container is empty. The slack-fill in the Products is non-functional, and therefore misleading and unlawful.

In purchasing the Products, consumers were denied the benefit of the bargain between what was represented, and what was received. Consumers would not have purchased the Products had they known that the containers were substantially empty, or would have purchased them on different terms.

Just Born is a privately held, family-owned, Bethlehem, Pennsylvania-based candy company that manufactures and markets a number of chewy candies including Goldenberg’s Peanut Chews, and Hot Tamales.

The Plaintiff is represented by:

David L. Steelman, Esq.
Stephen F. Gaunt, Esq.
Patrick J. Horsefield, Esq.
STEELMAN, GAUNT & HORSEFIELD
901 Pine Street, Suite 110
Rolla, MO 65401