Maker of Slime Licker Sour Rolling Liquid Candy Hit with Class Action Over Alleged Choking Hazard

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Candy Dynamics, Inc. faces a proposed class action over its sale of Slime Licker Sour Rolling Liquid Candies, which were recently subject to a voluntary recall due to concerns that the products allegedly pose a potential choking hazard.

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According to the 10-page case, the defendant’s October 5 recall of the liquid candies—which come in Blue Razz, Strawberry, Sour Apple and Black Cherry flavors—warns that the products’ rolling applicator ball can detach from the bottle into a consumer’s mouth. Swallowing the plastic rolling ball can cause a consumer to choke or asphyxiate, an “especially troubling” risk considering that the candy is specifically marketed to children, the lawsuit stresses.

The complaint alleges the Slime Licker Sour Rolling Liquid Candies have been deceptively marketed to consumers, who purchased the products with the belief that the sweet treats were safe for their children to eat. The plaintiff, a New York resident, claims Candy Dynamics has been “unjustly enriched” given that she and other consumers would not have purchased the candies for their children had they known they presented a choking hazard.

The Consumer Product Safety Commission’s notice states that the recall was issued after two reports were received of the rolling applicator ball detaching from the products’ container. In the recall notice, the agency instructed consumers to “immediately stop” using the Slime Licker Sour Rolling Liquid Candies and to contact Candy Dynamics for a full refund of bottles that still had liquid candy left in them.

“As an immediate, direct, and proximate result of [Candy Dynamics] selling the Products in an unsafe condition, [the defendant] injured [the plaintiff] and the Class Members in that they were deprived of the benefit of the bargain because the Products they purchased to enjoy were not fit for human consumption and, as such, worthless,” the case contends. “[The plaintiff] and Class Members also did not get the benefit of the bargain because they were instructed that they would receive a refund for the recalled products only if the products they had still contained liquid candy.”

The lawsuit looks to represent anyone who purchased Slime Licker Sour Rolling Liquid Candies during the applicable statute of limitations period.

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