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(The Morning Call)   Just Born reaches $3.3 million dollar settlement over misleading box size. Next, a Congressional investigation into disappearance of Cherri and Bubb   (mcall.com) divider line
    More: Spiffy, Plaintiff, Class action, Lovers of Bethlehem, Equity, Ike candy, class-action lawsuit, BETHLEHEM, Hot Tamales cinnamon candy  
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1643 clicks; posted to Food » and Business » on 15 Aug 2020 at 3:05 PM (5 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



46 Comments     (+0 »)
 
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2020-08-15 11:52:39 AM  
Geez.

That's why you look at the weight of items as printed on the box.
 
2020-08-15 1:57:53 PM  
This is why people hate lawyers.
 
2020-08-15 2:28:34 PM  

feckingmorons: This is why people hate lawyers.


I "know" I've bought at least 16 boxes of Hot Tamales over the past 7 years. Sure, the lawyers are getting a couple million in cash, but 8 free boxes for me!

/"Under penalty of perjury"
//Prove that I haven't bought that many
///<---3 Hot Tamales for you
 
2020-08-15 3:20:31 PM  

BizarreMan: Geez.

That's why you look at the weight of items as printed on the box.


You and I know that, but it really is crappy that over the past thirty years, food companies have been actively using packaging tricks like this to sell less product for more money.

Personally, I'm mostly pissed-off about ice cream.  Half-gallons turned into 1.75 quarts, which turned into 1.5 quarts.  In some cases, they started making up volume by blending more air into it than was allowed to be legally labeled ice cream.  So they started calling it frozen-dairy dessert.
 
2020-08-15 3:21:19 PM  
If you feel mislead by a box of candy, you have never bought potato chips. You also need therapy or friends or both.
 
2020-08-15 3:29:41 PM  
In before potato ch------Damnit.
 
2020-08-15 3:30:50 PM  
Padded bra makers should take notice.
 
2020-08-15 4:00:20 PM  
What a hollow penalty, like the oversized boxes they come in.. While some remember if they got these candies over the last several years, who keeps the receipts over that time? And because 99.9% of them didn't, they know that a small percentage of the vouchers will be redeemed anyway. How many credit card transactions explicitly show what you bought? I'm guessing not many going back 7 or 8 years. How many would even care about some free candy with so much other turmoil going on right now?
 
2020-08-15 4:22:23 PM  
Fark user imageView Full Size
 
2020-08-15 4:32:02 PM  
- looks at the settlement -   Meh not even worth filing a claim for.    Not that i have a reason too, i read the weights on the boxes and know going in they aren't going to full to the brim.   Seriously anyone that does is just fooling themselves.

I do agree going as oversized as they do it is deceptive , at least with Chips there is a semi reasonable purpose for it
 
2020-08-15 4:35:58 PM  

grimlock1972: Meh not even worth filing a claim for.


It might be. Who knows where the vouchers will be redeemable for? If they can be used at movie theaters, get the vouchers to redeem for boxes of candy instead of paying inflated prices. You're either screwing the theaters, screwing the candy company, or both.
 
2020-08-15 4:37:23 PM  

mrmopar5287: grimlock1972: Meh not even worth filing a claim for.

It might be. Who knows where the vouchers will be redeemable for? If they can be used at movie theaters, get the vouchers to redeem for boxes of candy instead of paying inflated prices. You're either screwing the theaters, screwing the candy company, or both.


I'd be shocked in theaters took 'em  odds are you would get mailed/shipped boxes of candy rather than vouchers.
 
2020-08-15 4:38:06 PM  
awesomeinventions.comView Full Size
 
2020-08-15 4:39:00 PM  

grimlock1972: I'd be shocked in theaters took 'em  odds are you would get mailed/shipped boxes of candy rather than vouchers.


If they were going to ship boxes of candy they would just ask you what you want on the claim form. They did not. They'll be mailing coupons that hopefully say "one free box at any retailer of Just Born products" and you can slide that right into the register till at the movie theater.
 
2020-08-15 4:39:16 PM  
How much do we gotta pay to not get shiatty candy?
 
2020-08-15 4:39:44 PM  

Vlad_the_Inaner: [awesomeinventions.com image 700x995]


"compound chocolate" = vegetable oil with some chocolate flavoring
 
2020-08-15 4:44:07 PM  
sbly-web-prod-shareably.netdna-ssl.comView Full Size
 
2020-08-15 4:53:50 PM  
static.boredpanda.comView Full Size
 
2020-08-15 4:54:22 PM  
static.boredpanda.comView Full Size
 
2020-08-15 4:54:54 PM  
Claim website is https://www.justborncandysettlemen​t.co​m/

Must submit a claim before 11/11/2020. "If you do not provide a receipt for the Settlement Class Products, but complete this Claim Form under penalty of perjury, you will receive a voucher for one free box for every two boxes purchased, capped at eight (8) free boxes".

When packaged in an opaque cardboard box, all Hot Tamales and Mike & Ike candy products are covered.
 
2020-08-15 4:58:24 PM  
static.boredpanda.comView Full Size
 
2020-08-15 5:20:47 PM  

mrmopar5287: grimlock1972: I'd be shocked in theaters took 'em  odds are you would get mailed/shipped boxes of candy rather than vouchers.

If they were going to ship boxes of candy they would just ask you what you want on the claim form. They did not. They'll be mailing coupons that hopefully say "one free box at any retailer of Just Born products" and you can slide that right into the register till at the movie theater.


Just because the vouchers say any retailer doesn't mean a store or movie theater has to take them.  Given how much movie theaters depend on concession sales for their profits i'd be shocked if given the option that they would accept them.  I am not sure a court would even try to order that, the candy company likely would not force it either as once the issue the voucher the claim is settled.  Too much competition in the candy business to risk alienating wholesale customers.

Mind since this is on the candy company and not the shops and etc  carrying the products in question the candy company ought to just ship product to those who choose that option.
 
2020-08-15 5:28:00 PM  
Are the 8 free boxes of candy correctly marked?
 
2020-08-15 5:47:57 PM  
shiat like this is why people tend to hate class action lawsuits.  No consumers have actually been served by this nor have any consumers been mislead.  This is nothing more than legal extortion.

I hope someone files an objection and gets class counsel's take greatly slashed.
 
2020-08-15 5:52:59 PM  

Vlad_the_Inaner: [static.boredpanda.com image 700x572]


sassandbalderdash.comView Full Size
 
2020-08-15 6:10:06 PM  
Toblerone.
 
2020-08-15 6:41:38 PM  
Who knows how much candy is in 9 vs. 14 ounces?  You look at it if you can, or you look at the size of the box and try to guesstimate what's inside.  People arguing that we should be able to do this based on weight need to admit they're buying candy in multiples of 10 lbs. at a time and then go take their beetus meds.

Mike and Ikes are one of my favorites, but they really do piss me off with the tiny-bag-in-a-box packaging.  You think you're getting a bunch of 'em, then you only get 1/8 the volume of the box in actual candy.  This isn't why people hate lawyers.  It's why they hate companies.
 
2020-08-15 6:44:22 PM  

grimlock1972: Just because the vouchers say any retailer doesn't mean a store or movie theater has to take them.


Then that store or theater can look forward to a class-action lawsuit for refusing to accept the coupons from the class-action lawsuit.
 
2020-08-15 8:13:59 PM  

mrmopar5287: grimlock1972: Just because the vouchers say any retailer doesn't mean a store or movie theater has to take them.

Then that store or theater can look forward to a class-action lawsuit for refusing to accept the coupons from the class-action lawsuit.


They are not subject to the lawsuit so i doubt their would be grounds, that said stores would be far more likely to take them than a theater would.   Seriously i have never heard of a theater taking any coupon it did not issue.

In the end though its not up to me or you what happens in regards to this issue.  Also It's my belief that lawyers should be paid separate of the settlement money that goes to the victims.
 
2020-08-15 8:34:52 PM  

grimlock1972: They are not subject to the lawsuit so i doubt their would be grounds, that said stores would be far more likely to take them than a theater would.   Seriously i have never heard of a theater taking any coupon it did not issue.


I know, I was just being silly.

Just Born will probably issue these certificates as manufacturer's coupons, which are widely accepted by grocery stores and other places (Walgreens, CVS, etc.). The coupons will be for a free box of candy up to a reasonable maximum MSRP (coupons are sometimes capped, so it will say like $1.29 maximum). The stores will ring the coupon up and redeem them later.

Any place that doesn't accept manufacturer's coupons (movie theater concession stand) won't have to do it. It would be just the same as some low-rent bodega corner grocery store that doesn't take coupons. They'll tell you "HELL NO" and that will be the end of it.
 
2020-08-15 8:58:46 PM  

mrmopar5287: The coupons will be for a free box of candy up to a reasonable maximum MSRP (coupons are sometimes capped, so it will say like $1.29 maximum).


With the exception of Dollar Tree, are there still stores that sell a candy bar for less that $1.29?

/I think it's verging on $2 these days)

/It's a banana.  What can it cost?  $10?
 
2020-08-15 9:04:07 PM  

Vlad_the_Inaner: With the exception of Dollar Tree, are there still stores that sell a candy bar for less that $1.29?


Where do you live? It's all $1 around here. Walmart, CVS, Walgreens, Kroger, Jewel-Osco, etc.
 
2020-08-15 9:09:38 PM  

mrmopar5287: grimlock1972: I'd be shocked in theaters took 'em  odds are you would get mailed/shipped boxes of candy rather than vouchers.

If they were going to ship boxes of candy they would just ask you what you want on the claim form. They did not. They'll be mailing coupons that hopefully say "one free box at any retailer of Just Born products" and you can slide that right into the register till at the movie theater.


The voucher will have limitations. It will almost certainly be limited to a dollar value at retail and/or package size.

In terms of package size, as far as I am aware most theatre packages are somewhat larger than the standard store package so it could easily exclude them. Their lawyers aren't stupid enough to not put basic restrictions on it, else you could go to the store and buy a 4.5lb package (Walmart shows this as their largest online) for 50 cents, which isn't going to happen.

There will also be nothing to compel anyone to accept it anyway and they may have some process for if you can't use the vouchers.
 
2020-08-15 9:19:52 PM  

mrmopar5287: Vlad_the_Inaner: With the exception of Dollar Tree, are there still stores that sell a candy bar for less that $1.29?

Where do you live? It's all $1 around here. Walmart, CVS, Walgreens, Kroger, Jewel-Osco, etc.


Florida.  Admittedly I shop mostly at Publix or Sam's Club.  But I remember some sticker shock trying to get some M&M minis at Walgreens


Still

Fark user imageView Full Size


/Stayed away from Walmart since the 'Rona came to visit
 
2020-08-15 9:21:30 PM  

bfh0417: If you feel mislead by a box of candy, you have never bought potato chips. You also need therapy or friends or both.


Some slack is absolutely necessary. For many goods it is essential to protect them in shipping. If chip bags had no slack, you would just end up getting a pile of crumbs and goods need space for volume changes due to temperature. Even if that isn't a concern, the manufacturing process often requires some, to account for variance in the volume added to the package (there is always some variance) and processes that may take up space (ie filling a bottle with liquid using a nozzle that is placed in the bottle).

However, there can be a point where the slack is excessive and can be misleading to consumers. Now, what is excessive or misleading  is up to the courts to decide, but many consumer protection laws rightfully bar it.

As to the "just look at the weight", if you buy the same item regularly do you, or should you, check the weight every single time? If the package is unchanged other than one small number in the corner is it reasonable to expect a consumer to notice it instantly? I don't think so. If you are reducing the product without similarly reducing the package size, then you should be damned clear about it on the packaging.
 
2020-08-15 9:27:16 PM  

mrmopar5287: Vlad_the_Inaner: With the exception of Dollar Tree, are there still stores that sell a candy bar for less that $1.29?

Where do you live? It's all $1 around here. Walmart, CVS, Walgreens, Kroger, Jewel-Osco, etc.


They're like $1.79 here in DFW.

/they're usually buy 2, get 3 free, though
 
2020-08-15 9:27:41 PM  

Glorious Golden Ass: companies have been actively using packaging tricks like this to sell less product for more money


Not just food. My favorite trick I noticed this week was at Wal-mart with Kingsford charcoal. It was a shrink-wrapped package of two bags marked "NEW PACKAGE SIZE: 2X 18 POUNDS = ABOUT 9 USES."

Nice work. Some clever labeling doesn't really cover up the fact that they took 20 pound bags and shorted us by 10%, probably for the same price.
 
2020-08-15 11:48:08 PM  
These are the candies I eat, and I get them on sale at Walgreens 4 for $4. 1 Mike & Ike, 1 Swedish Fish, 1 Hot Tomales, and a box of Dots. I can make them last about a month.

I sound fat, but I'm really just pregnant.
 
2020-08-16 8:08:29 AM  
Where Cherri and Bubbs? Where? WHERE?!?
 
2020-08-16 9:24:57 AM  

dywed88: bfh0417: If you feel mislead by a box of candy, you have never bought potato chips. You also need therapy or friends or both.

Some slack is absolutely necessary. For many goods it is essential to protect them in shipping. If chip bags had no slack, you would just end up getting a pile of crumbs and goods need space for volume changes due to temperature. Even if that isn't a concern, the manufacturing process often requires some, to account for variance in the volume added to the package (there is always some variance) and processes that may take up space (ie filling a bottle with liquid using a nozzle that is placed in the bottle).

However, there can be a point where the slack is excessive and can be misleading to consumers. Now, what is excessive or misleading  is up to the courts to decide, but many consumer protection laws rightfully bar it.

As to the "just look at the weight", if you buy the same item regularly do you, or should you, check the weight every single time? If the package is unchanged other than one small number in the corner is it reasonable to expect a consumer to notice it instantly? I don't think so. If you are reducing the product without similarly reducing the package size, then you should be damned clear about it on the packaging.


exactly this and being that this is about candy, package size is misleading the kids who don't read weight or even understand weight. when I was 8 and in a store looking at candy, Mike and Ikes vs Good and Plenty same weight but Mike and Ikes in a package much bigger for same price I think I'm getting more candy
 
2020-08-16 9:29:08 AM  

doctorguilty: Where Cherri and Bubbs? Where? WHERE?!?


https://www.candywarehouse.com/mike-i​k​e-cherry-bubb-candy-5-ounce-packs-12-p​iece-box

check out big lots i believe i have seen them at big lots recently
 
2020-08-16 9:51:44 AM  

Warrior Kermit: dywed88: bfh0417: If you feel mislead by a box of candy, you have never bought potato chips. You also need therapy or friends or both.

Some slack is absolutely necessary. For many goods it is essential to protect them in shipping. If chip bags had no slack, you would just end up getting a pile of crumbs and goods need space for volume changes due to temperature. Even if that isn't a concern, the manufacturing process often requires some, to account for variance in the volume added to the package (there is always some variance) and processes that may take up space (ie filling a bottle with liquid using a nozzle that is placed in the bottle).

However, there can be a point where the slack is excessive and can be misleading to consumers. Now, what is excessive or misleading  is up to the courts to decide, but many consumer protection laws rightfully bar it.

As to the "just look at the weight", if you buy the same item regularly do you, or should you, check the weight every single time? If the package is unchanged other than one small number in the corner is it reasonable to expect a consumer to notice it instantly? I don't think so. If you are reducing the product without similarly reducing the package size, then you should be damned clear about it on the packaging.

exactly this and being that this is about candy, package size is misleading the kids who don't read weight or even understand weight. when I was 8 and in a store looking at candy, Mike and Ikes vs Good and Plenty same weight but Mike and Ikes in a package much bigger for same price I think I'm getting more candy


But don't 8 year old just eat what is in the box and move on? More like Karen got upset.
 
2020-08-16 10:00:44 AM  

stilted: feckingmorons: This is why people hate lawyers.

I "know" I've bought at least 16 boxes of Hot Tamales over the past 7 years. Sure, the lawyers are getting a couple million in cash, but 8 free boxes for me!

/"Under penalty of perjury"
//Prove that I haven't bought that many
///<---3 Hot Tamales for you


These have been one of the stocking stuffer items in my family as long as I can remember...I'm in for eight!
 
2020-08-16 10:34:31 AM  

bfh0417: Warrior Kermit: dywed88: bfh0417: If you feel mislead by a box of candy, you have never bought potato chips. You also need therapy or friends or both.

Some slack is absolutely necessary. For many goods it is essential to protect them in shipping. If chip bags had no slack, you would just end up getting a pile of crumbs and goods need space for volume changes due to temperature. Even if that isn't a concern, the manufacturing process often requires some, to account for variance in the volume added to the package (there is always some variance) and processes that may take up space (ie filling a bottle with liquid using a nozzle that is placed in the bottle).

However, there can be a point where the slack is excessive and can be misleading to consumers. Now, what is excessive or misleading  is up to the courts to decide, but many consumer protection laws rightfully bar it.

As to the "just look at the weight", if you buy the same item regularly do you, or should you, check the weight every single time? If the package is unchanged other than one small number in the corner is it reasonable to expect a consumer to notice it instantly? I don't think so. If you are reducing the product without similarly reducing the package size, then you should be damned clear about it on the packaging.

exactly this and being that this is about candy, package size is misleading the kids who don't read weight or even understand weight. when I was 8 and in a store looking at candy, Mike and Ikes vs Good and Plenty same weight but Mike and Ikes in a package much bigger for same price I think I'm getting more candy

But don't 8 year old just eat what is in the box and move on? More like Karen got upset.


not the point and no, i remember as a kid thinking i'm going to get a lot of candy and then being disappointed that their wasn't as much in the box as I thought it should have been
 
2020-08-16 11:57:44 AM  
Yeah, I was pissed the 2 / $1 salted nut rolls at Ace Hardware are now 2 / $1.50. 

Movie theater candy is way more of a rip-off than store candy -- contents are usually half the box or less.

But class-action lawyers still suck. They are at the bottom of the food chain, right under child molesters and animal abusers.
 
2020-08-16 9:06:58 PM  
Dollar Tree's "movie theater candy" aisle seen nervous...
 
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