Boxes of Hot Tamales and Mike and Ike Candies

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 a maximum of 8 free boxes) while class members who do not have proof of purchase may receive one voucher. The company also agreed to add either an image showing the actual size of one piece of candy or a fill line on the product label. A final fairness hearing is scheduled for December 15, 2020. For more information, go to

2019: A class-action lawsuit was filed against Just Born for allegedly deceptively using slack-filled cardboard boxes that are 55% empty space for Hot Tamales® and Mike and Ike® candies. (Plaintiffs filed an amended complaint in February 2020.) (Mateski et al v. Just Born, Inc., Case No. CIVDS1926742, California State Court – San Bernadino)

For more of’s coverage of slack-filled packaging, click here.

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You know when you buy a big bag of chips, and you’re all psyched for a feast, and then it turns out there are like, three chips in the bag? That bag is slack filled.

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