Maisel v. Tootsie Roll Indus., LLC, 2021 WL 3185443, No.
20-cv-05204-SK (N.D. Cal. Jul. 27, 2021)
Courts have divided on the reasonability of being deceived
by alleged slack-fill violations when box contents/weight are clearly marked.
This court sided with the consumer for purposes of a motion to dismiss:
[A] reasonable consumer might not
necessarily comprehend the differential between the size of the box and the
amount of the candy contained inside, even with that amount listed numerically.
The size of the box suggests something to the average person that a recitation
of numbers might not be sufficient to overcome; the common experience of
opening up an expensive box of movie theater candy to reveal a paltry few
pieces inside speaks to that fact.
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