Ferrara Candy Co., Nestle USA Slack-Fill $3.7M Class Action Settlement

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Update:

Consumers nationwide who purchased specific Ferrara Candy Co. or Nestle USA candies between Feb. 9, 2013, and Sep. 23, 2021, may be eligible to receive up to $8 without proof of purchase thanks to a recent $3.7 million Ferrara Candy class action settlement.

Settlement Class Members include residents of the United States who purchased one or more cardboard boxes of Raisinets, Buncha Crunch, Butterfinger Bites, Toll House Semi-Sweet Chocolate Morsels, Rainbow Nerds, SweeTarts, Spree, Sno-Caps, Runts, or Gobstoppers between Feb. 9, 2013, and Sep. 23, 2021.

Plaintiffs in the Ferrara Candy class action lawsuit allege Ferrara and Nestle USA both intentionally underfilled their cardboard candy boxes to deceive potential consumers into thinking more product was in the box than there actually was.

Further, the plaintiffs say an unacceptable 48 percent of the overall space within candy boxes was left empty. The plaintiffs argue they would not have paid the price they did if they knew they were only getting about 52 percent of the product they expected to receive.

The company denies any wrongdoing or liability regarding this matter, and argues the unfilled space helps protect the product and is not meant to be deceptive.

The Court did not make a ruling or determination of guilt in this class action lawsuit.

Both parties considered the benefits, risk, cost, and time associated with continuing to pursue this case and determined the settlement agreement is in every party’s best interests.

Per the Ferrara Candy settlement agreement , eligible Class Members will receive $0.50 per unit of covered product up to a maximum of sixteen units, or $8.

A final hearing in the Ferrara Candy class action settlement will take place Jan. 12, 2022.

Class Members have a right to object to the proposed settlement agreement by Dec. 27, 2021.

Class Members who do not want to participate in the settlement but want to maintain the right to pursue future litigation must exclude themselves from the Class. To do so, Class Members must ask the Court to be excluded by Dec. 27, 2021.

Class Members who do not take action will not receive a payment. Despite that, they’ll still be bound by the terms of the Settlement Agreement, so they will not be eligible to pursue future litigation regarding this matter.

Class Members who wish to receive compensation in this class action settlement must submit a valid claim by Dec. 27, 2021.

Who’s Eligible

Settlement Class Members include residents of the United States who purchased one or more cardboard boxes of Raisinets, Buncha Crunch, Butterfinger Bites, Toll House Semi-Sweet Chocolate Morsels, Rainbow Nerds, SweeTarts, Spree, Sno-Caps, Runts, or Gobstoppers between Feb. 9, 2013, and Sep. 23, 2021.