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Candy companies are under-filling their boxes, class-action lawsuits allege

Nestle, JustBorn respond to allegations in statement to TODAY

When you go to the movies, you assume when you buy candy you’re box is filled up, but new class-action lawsuits filed against big-name candy brands claim the boxes are under-filled.

So how much candy is actually in there?

TODAY national investigative correspondent Jeff Rossen cut open those boxes to see just how much candy you’re actually getting at the movies.

 

 

One lawsuit claims Nestle “intentionally misleads and shortchanges consumers” on boxes of Raisinets, Buncha Crunch, Butterfinger Bites, Rainbow Nerds, SweetTarts, Toll House chocolate morsels, Spree, Gobstoppers and SnoCaps.

Another class-action suit claims Mike and Ike and Hot Tamales are under filling boxes, too, saying the company “uniformly under-fill the boxes by 46 percent.”

Nestle, maker of Raisinets, Buncha Crunch, Butterfinger Bites, Rainbow Nerds, SweetTarts, Toll House chocolate morsels, Spree, Gobstoppers and SnoCaps, responded to TODAY with a statement that said, in part, “The headspace is to avoid spillage and product loss during high-speed filling. … There also may be some unavoidable settling.”

In a statement to TODAY, JustBorn, the maker of Mike and Ike and Hot Tamales, called the space in the containers “functional headspace” that is “no different than many other candy and food packages.”

Both companies said the products and labels comply with Food and Drug Administration regulations.  


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