A Los Angeles woman has filed a lawsuit alleging her box of Mike and Ike candy was half empty, not half full.
The lawsuit filed Monday by Clarkson Law Firm on behalf of Stephanie Escobar states she purchased a $4 box of Mike and Ike candy at a Los Angeles movie theater and was underwhelmed by the amount of candy it contained. The suit claims the maker of Mike and Ike, Pennsylvania-based Just Born Quality Confections, is deceiving its customers with big boxes that are half full of air.
"I think the reasonable consumer would open these boxes, realize that they're half empty and be disappointed," said Escobar's attorney, Ryan Clarkson.
The firm also recently filed lawsuits on behalf of other plaintiffs who allege Nestle and Tootsie Roll Industries engage in similar deceptive practices.
"I don't think it's an industry standard as much as it is an industry-wide problem," said Clarkson.
Just Born Quality Confections Vice President Matt Pye said the company complies with FDA regulations and provides accurate weights on its packaging.
"These are baseless allegations and we intend to vigorously defend ourselves," said Pye.
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Clarkson said his client hopes to change the deceptive status quo of food packaging and provide at least a partial refund to consumers.
"I think the easy fix for the manufacturer in this particular case is to shrink the box, or fill the box," he said.