Boxes of Reese’s Pieces and Whoppers Candy

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 against The Hershey Company. The complaint, which was originally filed in 2016 and amended in 2017, alleges that the company deceptively uses slack-filled packaging for Reese’s Pieces and Whoppers candy. According to the complaint, boxes of Reese’s Pieces are 29% empty space and boxes of Whoppers are 41% empty space. (Bratton et al v. The Hershey Company, Case No. 16-cv-4322, W.D. Mo.)

For more information about other class-action lawsuits regarding slack-filled packaging and’s coverage of the issue, click here.

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