Mike and Ike Maker Just Born, Inc. Hit with Slack-Fill Class Action

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Just Born, Inc., the candy manufacturer behind Peeps, Hot Tamales and other confections, is the defendant in a proposed class action alleging it packages its Mike and Ike Original Fruits candy with a little too much—roughly 30 percent—empty space, known as “slack fill.” The plaintiff behind the lawsuit, a California man who brought a case against Henkel Corporation two months ago over similar complaints for a different product, claims consumers would not have purchased Mike and Ikes “had they known that the containers were substantially empty.”

While some packaged products come with a necessary and legal level of slack fill, the lawsuit claims Mike and Ikes, which are sold in non-transparent boxes, are packaged with non-functional slack fill “in order to mislead consumers.”