Columbia man sues Hershey Company, claims candy boxes are underfilled

7 months 10 hours 31 minutes ago Thursday, February 23 2017 Feb 23, 2017 Thursday, February 23, 2017 2:03:00 PM CST February 23, 2017 in Top Stories
By: Madeline Odle, KOMU 8 Reporter
loading

COLUMBIA - A Columbia man is fighting the Hershey Company in federal court for allegedly under-filling two of its candy boxes. 

Robert Bratton filed a class action lawsuit claiming Hershey was misleading and deceptive in packaging its Whoppers candy and Reese's Pieces candy in opaque cardboard containers. 

The lawsuit says, "Consumers were denied the benefit of the bargain between what was represented and what was received."

The suit also contends, "Consumers would not have purchased the products had they known that the containers were substantially empty, or would have purchased them on different terms." 

Bratton alleges the products are uniformly under-filled. In an example, he said Whoppers containers are only about 59 percent full, Reese's Pieces containers were about 71 percent full.

The lawsuit, filed last year, claims Hershey's "deceptive and misleading conduct" violates the Federal Food, Drug and Cosmetic Act and the Code of Federal Regulations, and is therefore unlawful. 

Bratton is seeking monetary damages in the class action suit. 

Hershey responded to the suit by trying to get it dismissed, but so far the company has been unsuccessful.

The candy company said in a response  that the packages in question clearly disclose the net weight and quantity of candy inside, and are therefore not misleading. 

Hershey also said consumers are well aware that all commercial packaging contains some empty space, and would notice the empty space in the boxes immediately upon picking the items up. 

Such civil action lawsuits against candy companies are not uncommon. 

According to The Today Show, nationwide class action lawsuits allege the companies are under-filling candy boxes. 

 

 

More News

Grid
List
KANSAS CITY, Mo.— Missouri prisons have been ordered to eliminate smoking after an asthmatic inmate serving a life sentence for... More >>
6 hours ago Sunday, September 24 2017 Sep 24, 2017 Sunday, September 24, 2017 8:13:00 PM CDT September 24, 2017 in News
ST. LOUIS — Seven people are facing rioting and resisting arrest charges for their role in a protest that turned... More >>
6 hours ago Sunday, September 24 2017 Sep 24, 2017 Sunday, September 24, 2017 8:05:41 PM CDT September 24, 2017 in News
COLUMBIA – Shoppers at the Columbia Mall got to experience something a little different than normal on Sunday. Local... More >>
8 hours ago Sunday, September 24 2017 Sep 24, 2017 Sunday, September 24, 2017 6:47:00 PM CDT September 24, 2017 in News
COLUMBIA - More than 1000 children and adults visited the Compassion Experience in Columbia as of Sunday. The Compassion... More >>
11 hours ago Sunday, September 24 2017 Sep 24, 2017 Sunday, September 24, 2017 3:48:00 PM CDT September 24, 2017 in News
COLUMBIA - A rally with live music kicked off the 2017 walk for the climate in Columbia Sunday. "We're... More >>
11 hours ago Sunday, September 24 2017 Sep 24, 2017 Sunday, September 24, 2017 3:21:00 PM CDT September 24, 2017 in Top Stories
COLUMBIA- Officers responded to a robbery the Sonic Drive-In restaurant at 5700 St. Charles Rd. Saturday night around 10 p.m.,... More >>
15 hours ago Sunday, September 24 2017 Sep 24, 2017 Sunday, September 24, 2017 11:32:00 AM CDT September 24, 2017 in News
COLUMBIA- Saturday night, around 7 p.m., a vehicle led a Callaway County Sheriff's deputy on a high-speed chase, according to... More >>
16 hours ago Sunday, September 24 2017 Sep 24, 2017 Sunday, September 24, 2017 10:07:00 AM CDT September 24, 2017 in News
COLUMBIA - Jabberwocky Studios unveiled its second mural Sunday in Downtown Optimist Park. Jabberwocky is a local arts program... More >>
22 hours ago Sunday, September 24 2017 Sep 24, 2017 Sunday, September 24, 2017 4:47:00 AM CDT September 24, 2017 in News
COLUMBIA – Kerryon Johnson ran for five rushing touchdowns, including four in the first half, as the No. 15 Auburn... More >>
1 day ago Saturday, September 23 2017 Sep 23, 2017 Saturday, September 23, 2017 9:28:00 PM CDT September 23, 2017 in Sports
COLUMBIA - Bikers gathered in Centralia Saturday to show support for a young sexual assault survivor. At least 60... More >>
1 day ago Saturday, September 23 2017 Sep 23, 2017 Saturday, September 23, 2017 7:05:00 PM CDT September 23, 2017 in News
COLUMBIA - Cooper's Landing hosted the first Rock n' Roll River Festival Saturday, where families enjoyed food, a fun atmosphere... More >>
1 day ago Saturday, September 23 2017 Sep 23, 2017 Saturday, September 23, 2017 4:35:00 PM CDT September 23, 2017 in News
CAMDENTON - The goal of the seventh annual Lake of the Ozarks Air Show on Saturday was to salute veterans.... More >>
1 day ago Saturday, September 23 2017 Sep 23, 2017 Saturday, September 23, 2017 4:14:00 PM CDT September 23, 2017 in News
JEFFERSON CITY - The Central Missouri chapter of Parents of Murdered Children and Missouri Missing hosted a memorial picnic Saturday... More >>
1 day ago Saturday, September 23 2017 Sep 23, 2017 Saturday, September 23, 2017 3:55:00 PM CDT September 23, 2017 in News
JEFFERSON CITY - Missouri has one of the lowest enrollment rates when it comes to the 529 College Savings Plan.... More >>
1 day ago Saturday, September 23 2017 Sep 23, 2017 Saturday, September 23, 2017 3:28:00 PM CDT September 23, 2017 in News
COLUMBIA – MU, Auburn, Clemson and LSU are announcing their partnership in the U.S. Tiger University Consortium Saturday. Clemson... More >>
1 day ago Saturday, September 23 2017 Sep 23, 2017 Saturday, September 23, 2017 3:16:00 PM CDT September 23, 2017 in Top Stories
EVERTON (AP) — Missouri school districts that adopted a four-day school week in recent years are not finding the savings... More >>
1 day ago Saturday, September 23 2017 Sep 23, 2017 Saturday, September 23, 2017 2:14:48 PM CDT September 23, 2017 in News
KANSAS CITY (AP) — A school district in Kansas City is praising a bus driver for safely getting 34 children... More >>
1 day ago Saturday, September 23 2017 Sep 23, 2017 Saturday, September 23, 2017 2:10:35 PM CDT September 23, 2017 in News
ST. LOUIS (AP) — An undercover police officer and an Air Force lieutenant were among the 120 people who were... More >>
1 day ago Saturday, September 23 2017 Sep 23, 2017 Saturday, September 23, 2017 2:07:00 PM CDT September 23, 2017 in News
Columbia, MO
Broken Clouds 69°
3am 70°
4am 69°
5am 69°
6am 68°

Select a station to view its upcoming schedule:

Coming Up Next

2:30a
Paid Program
3:00a
Early Today
3:30a
Early Today
2:30a
Paid Program
3:00a
Paid Program
3:30a
Paid Program

Tonight's Schedule

7:00p
The Voice
9:01p
The Brave
7:00p
Supergirl
8:00p
Penn & Teller: Fool Us
9:00p
KOMU 8 News @ Nine on The CW
9:30p
Seinfeld