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Lawsuit: Reese’s not enough pieces

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A whopper of a lie is an underfilled box of candy, asserts a Missouri man suing The Hershey Co. for how it fills its Reese’s Pieces and Whoppers boxes.           

A judge in Kansas City has ruled that Robert Bratton of Columbia, Missouri, can proceed with this class-action lawsuit against the Derry Township, Pennsylvania, candy maker, reported the Kansas City Star on Friday.

Mr. Bratton filed his lawsuit in 2016 after he bought boxes of Reese’s Pieces and Whoppers at a grocery store and found that the boxes were underfilled and had too much “slack-fill,” which the Food and Drug Administration defines as “the difference between the actual capacity of a container and the volume of product actually contained therein,” the lawsuit contends.

A common practice among food distributors, underfilling containers is legal under specific conditions, such as protecting contents during shipping and handling, according to the Star.

Yet Mr. Bratton’s lawsuit claims that 59% of the Whoppers container and 71% of the Reese’s Pieces box was filled with candy, leaving a significant percentage of the box empty.