7th Circ. Won't Revive Slack-Fill Suit Over Fannie May Candies

By Hailey Konnath (December 9, 2019, 9:47 PM EST) -- The Seventh Circuit on Monday said an Illinois federal court was correct in tossing out a proposed slack-fill class action against Chicago-based chocolate maker Fannie May, ruling the consumers didn't suffer concrete harm when they purchased allegedly underfilled boxes of chocolate.

Named plaintiffs Clarisha Benson and Lorenzo Smith alleged that Fannie May deceived consumers by packaging chocolate in boxes that contained about 33% to 40% "slack fill," or empty space. That empty space serves no functional purpose and instead misleads consumers into believing they're purchasing more chocolate than they actually receive, Benson and Smith said in their suit.

Fannie May has...

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