Refreshing news for makers of Junior Mints as judge tosses lawsuit

A federal judge on Wednesday tossed out a lawsuit filed against the makers of Junior Mints candies, saying “ordinary intelligence” should lead to the comprehension that boxes of candy contain some air, USA Today reported.

New Yorker Biola Daniel filed the suit in October 2017 against Tootsie Roll Industries Inc., the Chicago-based producer of Junior Mints, claiming that she felt cheated after buying a 3.5-ounce package of candy for $1.49 while at a Duane Reade pharmacy in Manhattan in September, the newspaper reported.

Two other consumers joined in, all claiming the boxes of chocolate-covered mint candies contained too much air, or “slack fill,” resulting in a class action suit, according to USA Today.

The saga ended with a 44-page ruling accessed by the newspaper: "We can easily conclude, as a matter of law, that the slack-fill enclosed in the products would not mislead a reasonable consumer, as the product boxes provide more than adequate information for a consumer to determine the amount of product contained therein," a federal judge wrote in papers filed in Manhattan federal court.