When the box of Junior Mints is half empty: lawsuit

A Manhattan woman is saying it’s a trick and not a treat that boxes of Junior Mints are half-filled with air. 

Biola Daniel filed a federal class-action in U.S. District Court in New York City Tuesday claiming the manufacturer of Junior Mints, Chicago-based Tootsie Roll Industries L.L.C., packages the minty delights in large boxes topped off with too much air, a food-industry practice known as “slack-fill.” 

“The size of the product’s boxes in comparison to the volume of the candy contained therein makes it appear to plaintiff and class members that they are buying more than what is actually being sold,” Ms. Daniel claims in the 36-page lawsuit. “Plaintiff and class members are denied the benefit of their bargain because they pay for full boxes of the product but actually receive far less.”

Similar confections, such as Good and Plenty and Milk Duds, include 23% slack fill, the lawsuit claims, citing 43% slack fill in Junior Mints. “Consumers reasonably expect at least 77% of the box to contain candy,” the lawsuit claims. 

Ms. Daniel claims she suffered a “financial injury” by purchasing a $1.49 box of Junior Mints at a Manhattan pharmacy. The lawsuit is asking for “recoverable damages,” that Tootsie Roll cease its practices of not putting enough candy in its boxes of Junior Mints and that the company pay all legal fees.