Two consumers initiated a class action suit against Fannie May alleging that they were deceived by the size of the candy boxes that they purchased. The consumers argued that the boxes contained an acceptable level of empty space, amounting to over a third of the volume of the boxes. The appellate panel found that though the company’s boxes correctly indicated the included weight and portion size of the candy, the consumers had sufficiently pled the initial elements of a claim for deceptive practice. However, the panel found that the consumers could not show that they suffered actual damages, because they could not demonstrate that the candy was worth less than the amount they paid, or that they could have purchased the same candy for cheaper elsewhere. The panel then affirmed the district court’s decision in favor of Fannie May.
Clarisha Benson and Lorenzo Smith each purchased an opaque, seven-ounce box of Fannie May’s chocolate for $9.99 plus tax. Benson purchased Fannie May’s Mint Meltaways, and Smith purchased Fannie May’s Pixies. Although the boxes accurately disclosed the weight of the chocolate within, and the number of pieces in each box, the boxes were emptier than either had expected. The box of Mint Meltaways contained approximately 33% empty space, and the box of Pixies contained approximately 38% empty space. Continue reading ›