September 23rd, 2020
In September 2020, a class-action lawsuit was filed against Mondelez International for allegedly misleadingly using ed boxes for its Swedish Fish candy. Specifically, plaintiffs claim that the boxes of Swedish Fish are more than half empty space. (Coleman et al v. Mondelez International Inc., Case No. 20-cv-8100, C.D. Cal.) For more of TINA.org’s coverage of
September 9th, 2020
July 2020: A settlement agreement that would resolve this case, along with a Mateski v. Just Born, was preliminarily approved. The settlement terms would provide class members who have proof of purchase with either a $0.50 cash award for each product purchased or a voucher for one free box of candy for every two boxes
November 21st, 2019
July 2019: The appeal was dismissed for failure to prosecute. (Case No. 18-17269, 9th Cir.) November 2018: An objector filed a Notice of Appeal regarding the approval of the settlement. October 2018: A federal judge granted final approval of the settlement agreement. June 2018: A federal judge preliminarily approved the proposed settlement agreement. A final
September 24th, 2019
November 2018: This case was dismissed because the parties reached a settlement agreement, the terms of which have not been disclosed. February 2017: A class-action lawsuit was filed against Just Born for allegedly deceptively using ed packaging for Hot Tamales and Mike and Ike candy. According to the complaint, boxes of Hot Tamales candy have
February 14th, 2019
August 2017: This action was dismissed for lack of subject matter jurisdiction. February 2016: A class-action lawsuit was filed against See’s Candy Shops for allegedly deceptively marketing its Classic Red Heart Assorted Chocolates using a Kosher certified symbol when, according to plaintiffs, they are not Kosher certified. (Weiss et al v. See’s Candy Shops Inc.,
October 19th, 2018
February 2018: A federal judge granted The Hershey Company’s motion for summary judgment finding that the named plaintiff failed to show that the allegedly deceptive practice caused him injury because he knew how much empty space was in each box of candy and continued to purchase them. 2016: A false advertising class-action lawsuit was filed
October 19th, 2018
April 2018: A federal judge dismissed this case because the parties reported that they reached a settlement agreement. November 2017: A class-action lawsuit was filed against CVS for allegedly deceptively using ed plastic bags for Gold Emblem® red fish candy. According to the complaint, the bags of candy are less than half full and have
October 19th, 2018
October 2017: The Eighth Circuit Court of Appeals affirmed the district court’s decision to remand the case to state court. Click here to read the decision. August 2017: Ferrara Candy Co. filed a Notice of Appeal regarding the decision to remand the case to state court. June 2017: A federal judge remanded the case to
May 2nd, 2018
Agencies crack down on copycat packaging targeting minors in the e-cigarette industry.
September 19th, 2017
November 2014: This case was voluntarily dismissed, the reasons for which have not been disclosed. The named plaintiff’s individual claims were dismissed and the class members’ claims were dismissed . July 2014: A false advertising class-action lawsuit was filed against Mars, Inc. for allegedly misleadingly marketing several types of candy, including Dark Chocolate M&Ms, Peanut
September 19th, 2017
October 2016: A federal judge dismissed this complaint finding that the named plaintiff did not have standing (i.e., a proper basis) for injunctive relief, failed to allege an injury, and the complaint did not meet the heightened pleading standard for fraud-based claims. To learn more about the reasons for the dismissal, click here. June 2016:
July 31st, 2017
In July 2017, a class-action lawsuit was filed against The Organic Candy Factory for allegedly misleadingly marketing its Gummy Cubs, as well as chocolate bars filled with gummy candy. Specifically, plaintiffs claim that the company markets the “Peach” and “Boysenberry, Blackberry & Raspberry” flavors of gummy candy as containing peach, boysenberry, blackberry and raspberry ingredients
October 26th, 2016
December 2014: A federal judge granted Mars, Inc.’s motion to stay the proceedings (and administratively closed the case) pending the resolution of an appeal of a district court’s decision to deny class certification in another false advertising class action (Jones v. ConAgra) as the decision could have an impact on this case. October 2013: A
October 26th, 2016
A false advertising class-action lawsuit was filed against Hillside Candy in August 2016 (and transferred to federal court in October 2016) for allegedly deceptively listing “evaporated cane juice” as an ingredient in Go Organic Hard Candy when the candy actually contains sugar. (Garcia et al v. Hillside Candy LLC and Does 1-25, Case No. 16-cv-2231,
April 20th, 2015
Regulators question whether the gummy snack is anything more than a “nutritionally void candy.”
September 9th, 2020
July 2020: A settlement agreement that would resolve this case, along with Escobar v. Just Born, was preliminarily approved. The settlement would provide class members who have proof of purchase with either a $0.50 cash award for each product purchased or a voucher for one free box of candy for every two boxes purchased (for
May 27th, 2020
In May 2020, a class-action lawsuit was filed against Nestle USA and Ferrara Candy Company for allegedly deceptively using ed opaque boxes for candies – including Raisinets, Sno Caps, and Nerds — that are half empty. (Iglesia et al v. Nestle USA, Inc. and Ferrara Candy Company, Case No. 20-cv-5971, D.N.J.) For more of TINA.org’s
March 27th, 2020
In March 2020, a class-action lawsuit was filed against Sheer Strength Labs for allegedly misleadingly and unlawfully advertising Sheer Pre-Workout Workout Enhancer Powder Cotton Candy as a dietary supplement when, according to plaintiffs, the supplement contains ingredients that are dangerous and not approved by the FDA. (Boyer et al v. Sheer Strength Labs, LLC, Case
August 28th, 2019
In order to establish the age of Ryan ToysReview’s target audience, TINA.org conducted an appraisal of every video published on the YouTube channel between January 1 and July 31, 2019, which revealed that 92 percent promote at least one product or television/YouTube program that is appropriate for – and targeted at – children under the
July 25th, 2019
In July 2019, a class-action lawsuit was filed against Ferrara Candy Company for allegedly falsely advertising that its candies – including Nerds, Runts, and Everlasting Gobstoppers – do not contain artificial flavors when, according to plaintiffs, they contain the synthetic ingredient malic acid. (Gruber et al v. Ferrara Candy Co., Case No. 19-cv-4700, N. D.