An Illinois woman has filed a consumer fraud lawsuit against Tootsie Roll Industries, the maker of Junior Mints, alleging that the size of the packaging is misleading when compared with the amount of candy inside, the Chicago Tribune reported Friday.
The lawsuit, filed on behalf Paige Stemm, of Belleville, targets the amount of slack fill used in Junior Mints packaging, according to the Tribune. Slack fill is defined by the Food and Drug Administration as “the difference between the actual capacity of a container and the volume of product contained therein.”
Food manufacturers often use slack fill to protect delicate products, such as potato chips or cookies, from crumbling or breaking in the packaging.
Stemm’s attorney Christopher Moon told the Tribune Friday that Junior Mints come in an “oversized theater box” that “misleads consumers because consumers believe they’re getting more candy … than they’re actually getting.”
Moon continued, saying that the amount of empty space in Junior Mints boxes can result in the candy being damaged rather than protected due to excessive reshuffling.