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Old 05-24-2017, 07:36 PM   #1 (permalink)
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When sweets go sour!

Hershey's, the candy-making empire behind popular sweets like Kit Kat and Reese's Peanut Butter Cups, is the subject of a new lawsuit that alleges they intentionally under-fill their packages.

Missouri resident Robert Bratton has filed a class-action lawsuit against the Pennsylvania-based candy company, seeking 'monetary damages' for 'misleading' packaging.

According to paperwork filed in February, it is Bratton's belief that the size of the candy packaging should accurately reflect the quantity of candy inside. Essentially, there should be no empty space inside any box of candy.
The statistics don't lie: According to plaintiff Robert Bratton of Missouri, Whoppers candy are 41% under-filled, and Reese's Pieces are 29% under-filled.

Initially, Hershey's attempted to have the case dismissed, with their lawyer stating, 'Consumers are well aware of the fact that substantially all commercial packaging contains some empty space.'

Yet, U.S. District Judge Nanette Laughrey felt the case should move forward, ruling that Bratton and his team had, 'plausibly alleged, at minimum, that the packaging unfairly suggests the boxes contain more product than they actually do.'

At first, the suit may have the air of an individual attempting to make a quick dollar from a large and profitable company, but the claims Bratton puts forth actually have some merit.

In the initial filing, Bratton and his attorneys, note that 'The average consumer spends a mere 13 seconds making an in-store purchasing decision. That decision is heavily dependent on a product’s packaging, and particularly the package dimensions.'

They note that a customer, crunched for time, is likely to choose the bigger box every single time, as their associate it with being a better value. This reveals a motivation companies might have to create over-sized packaging in an attempt to entice potential buyers.

In his lawsuit, Bratton cites two candies specifically - Whoppers and Reese's Pieces - as being the boldest culprits of this under-filling.

According to the data in the case file, the average container of Whoppers is only 59% filled with candy, with the other 41% being completely empty. In the case of Reese's Pieces, 71% of the box is candy-filled, leaving 29% empty.

The packaging of snacks like chips and pretzels commonly contains a decent volume of air. Yet, while this 'slack-filling' is arguably to protect the fragile chips, Bratton's case alleges that no such space is necessary for the more solid candies.

Hershey's is but the latest in a slew of recent lawsuits that have customers demanding they get their money's worth.

In 2016, Starbucks came under fire for allegedly not filling their lattes to the brim. Pasta-maker Barilla was also sued for supposedly under-filling their boxes.

Sandwich chain Subway was ordered to ensure their foot-long sandwiches were at least 12 inches in length as the result of a class-action lawsuit.

For Hershey, the potentially-damaging suit could interfere with their projected earnings for the remainder of the fiscal year. While the company reported a 2.8% sales increase in their first-quarter report earlier this year, the result of the lawsuit may interfere with those numbers.

Those with a sweet tooth should keep an eye on this suit: If Bratton's case is victorious, anyone who has purchased Whoppers and/or Reese's Pieces in the last five years may be looking at a share of the damages.

Daily Mail Online has reached out to Hershey's for comment, and will update with their reply.
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Old 05-24-2017, 07:39 PM   #2 (permalink)
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They'll be ok if they lose. They employ a bunch of underpaid illegals.
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Old 05-24-2017, 07:47 PM   #3 (permalink)
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They'll be ok if they lose. They employ a bunch of underpaid illegals.
Right back to the actual cocoa producers. Find me a cocoa tree in North American.
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Old 05-24-2017, 07:48 PM   #4 (permalink)
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They post on the packaging how much weight in candy you get. Long as that is correct who cares how much air is packaged with it.
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Old 05-24-2017, 07:59 PM   #5 (permalink)
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You can't tell when you pick up the box?
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Old 05-24-2017, 08:21 PM   #6 (permalink)
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They post on the packaging how much weight in candy you get. Long as that is correct who cares how much air is packaged with it.
The air is there for 'freshness', and the larger bag is to protect the product somewhat.

That guy is a toolshed.
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Old 05-24-2017, 08:31 PM   #7 (permalink)
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Fucking Judges like that ought to be fucking disbarred if not shot for allowing these dumbass cases to even see the inside of a court room.
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Old 05-24-2017, 08:34 PM   #8 (permalink)
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You can't tell when you pick up the box?
The average consumer is just a waste of oxygen
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Old 05-24-2017, 08:37 PM   #9 (permalink)
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Um... The net weight is printed right on the box.

This guy thinks he can direct a business' packaging methods and that the box is too big? Fuck off.
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Old 05-25-2017, 02:43 AM   #10 (permalink)
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They'll be ok if they lose. They employ a bunch of underpaid illegals.
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Right back to the actual cocoa producers. Find me a cocoa tree in North American.
Uh, they ain't illegals in the places where cocoa grows.
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Old 05-25-2017, 02:52 AM   #11 (permalink)
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Uh oh
The Girl Scouts better look out

Cause their boxes have stayed the same size but they've drastically reduced the amount of cookies inside

A couple years ago the thin mints filled up the box
Now it's only about 75% full

And I can tell you for sure that the pop tarts at Dollar General are not as long as the ones at a normal grocery store although the box size is the same


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Old 05-25-2017, 03:14 AM   #12 (permalink)
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This is just as stupid as the 2x4 lawsuit

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Old 05-25-2017, 04:57 AM   #13 (permalink)
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This is just as stupid as the 2x4 lawsuit

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And the footling lawsuit.
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Old 05-25-2017, 05:02 AM   #14 (permalink)
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Fucking Judges like that ought to be fucking disbarred if not shot for allowing these dumbass cases to even see the inside of a court room.
^This, times eleventybillion
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Old 05-25-2017, 05:50 AM   #15 (permalink)
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I so rarely eat candy that this probably wouldn't apply to me.
However, this case is the reason we can't have affordable things... too many litigious drains on society out there to "protect" the gahddamned snowflakes.
The space in chip bags is filled with nitrogen to keep tem fresh. The space in other sold by weight ensures the space for weight fill and is increased by settling (spontaneous Tetris).
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Old 05-25-2017, 05:54 AM   #16 (permalink)
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That said, it may be legal, but it's hardly ethical.
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Old 05-25-2017, 06:22 AM   #17 (permalink)
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Uh, they ain't illegals in the places where cocoa grows.
I'm talking the Hershey factory. I've been there 3 or 4 times.
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Old 05-25-2017, 06:56 AM   #18 (permalink)
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^^Processed Food Industry Apologist.

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That said, it may be legal, but it's hardly ethical.
How is it not ethical?

The weight is on the box, the material is loose in the box, you can pick it up and shake it and feel/hear how much is in there. Who is anybody to tell the manufacturer how to package their product. Another waste of a lawsuit clogging our judicial sytem
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Old 05-25-2017, 07:02 AM   #19 (permalink)
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Uh, they ain't illegals in the places where cocoa grows.
You don't know that. I'd be willing to bet that every single Country that has some sort of immigration law has illegals living there.
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Old 05-25-2017, 07:31 AM   #20 (permalink)
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^^Processed Food Industry Apologist.

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That said, it may be legal, but it's hardly ethical.
What the fuck do you know about ethics?
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Old 05-25-2017, 08:04 AM   #21 (permalink)
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Um... The net weight is printed right on the box.

This guy thinks he can direct a business' packaging methods and that the box is too big? Fuck off.
This right here.

Producers of cereal, candy, whatever have done this for years. As costs go up, amount of product for your dollar goes down. It is a little bit deceiving to fill a cereal box halfway in my opinion, but to go as far as calling it unethical is too much to me. If you have half a brain you know that there is more to it than just blatantly screwing the consumer out of product for profit margins.

I'm thinking a big part of the reason for reduced amounts of candy today is that to hit that magic 250 calories per bag, you can't fill the entire standard sized candy bag.

It's printed right on the front of the bag so you can see it in vending machines. "250 Calories Per Bag". As America moves more towards health consciousness due to our obesity "epidemic", people are actually comparing this. We're not going to hit that target by filling the fucker up, and we have larger sizes for more money if that's what you want. Just not in that vending machine.

Next point, if we were to scale the bag size down, how does that affect how well it dispenses and advertises in said vending machine? The M&Ms and Skittles bags are large enough to STAND OUT among the other candies, and they know this. They want people to see the product. Same with cereal. That big ass box with Tony the Tiger on the front needs to be a billboard for brat kids pushing their parents into putting it in the shopping cart.

Stupid plaintiff is stupid.
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Old 05-25-2017, 08:42 AM   #22 (permalink)
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They post on the packaging how much weight in candy you get. Long as that is correct who cares how much air is packaged with it.
Yup, it's sold by weight, not volume.
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Old 05-25-2017, 08:49 AM   #23 (permalink)
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Next point, if we were to scale the bag size down, how does that affect how well it dispenses and advertises in said vending machine? The M&Ms and Skittles bags are large enough to STAND OUT among the other candies, and they know this. They want people to see the product. Same with cereal. That big ass box with Tony the Tiger on the front needs to be a billboard for brat kids pushing their parents into putting it in the shopping cart.

Stupid plaintiff is stupid.
not only that, but how much money would it cost for them to retool their entire product line to use new packaging?
how much old packaging material would be tossed out?
how would it affect vending machines that are designed around the current packaging, and boxes and shelf space?

it's not like they can just up and say, welp, time to change the box size one day without having to spend millions of dollars on new, specialized, equipment.

as long as the weight of the product in the package meets the weight printed on the box, fuck you.
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Old 05-25-2017, 08:57 AM   #24 (permalink)
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Cereal and chips do this all the time. It shows the weight on the bags and that is what we go by...
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Old 05-25-2017, 09:22 AM   #25 (permalink)
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Who can dig up pics of Robert Bratton? My guess is he is a fat fuck.
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