Daniel v. Tootsie Roll Industries, LLC, No. 1:17-cv-07541 (S.D.N.Y.): Putative class action for violation of New York’s Deceptive and Unfair Practices Act and False Advertising provisions of the GBL, and raising a claim for common law fraud. Plaintiff alleges Defendant’s boxes of Junior Mints candy are deceptively 43% slack fill, in excess of what is permitted.

Fromme, et al. v. Just Born, Inc., No. 2:17-cv-07373 (C.D. Cal.): Putative copycat class action asserting violations of California’s CLRA, UCL and FAL. Plaintiffs allege they were surprised and disappointed when they opened the Mike & Ike Original Fruits product to discovery that the container had more than 30% empty space, or slack-fill.  Plaintiffs allege that had they known about the slack-fill, they would not have purchased Defendant’s product.