Man sues Hershey for underfilling their boxes

Have you ever thought that a box of Reese's Pieces or Whoppers didn't have as much candy as it should? So does one Missouri man, and he's so infuriated he decided to sue Hershey.

Robert Bratton filed a federal lawsuit against the candy company, claiming it is underfilling their boxes. He believes Hershey underfilled Reese's Pieces boxes by 29 percent and Whoppers boxes by 41 percent.

Credit: Consumerist

The complaint is about "slack fill," the empty space in packaging. Sometimes it serves a purpose, such as empty space protecting potato chips during transport and displays. Other times, space is made when the product settles after manufacturing.

According to Hershey's lawyers, "Consumers are well aware of the fact that substantially all commercial packaging contains some empty space."

Bratton, however, said the large amount of space was "an ascertainable loss" because "the actual value of the Products as purchased was less than the value of the Products as represented."

The case has not been dismissed.

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