Plaintiff failed to demonstrate
Mint Core
We bring you, today, a second installment in Tootsie Roll
Industries' (TRI) Junior Mints slack-fill saga.
Last August, we
reported on the rejection of a Junior Mint slack-fill class
action brought against manufacturer TRI in the Southern District of
New York. [Side note: In a memorable phrase, the SDNY gave the
plaintiffs a spanking by saying that it declined "to enshrine
into the law an embarrassing level of mathematical
illiteracy."]
For the latest iteration of what seems to be a new slack-fill
subgenre, we move to the Northern District of Illinois, where named
plaintiff Paige Stemm sued
manufacturer TRI for violating the Illinois Consumer Fraud and
Deceptive Practices Act (ICFA). The specific charge, filed in March
2018, is that the company packaged its famous candy with 44 percent
nonfunctional slack fill, leading Stemm to believe she was getting
more than she wound up receiving.
