Partially-Filled Movie Candy Boxes Case Settled

Back in 2017, we showed you how those outrageously priced boxes of candy you get at movie theaters were only partially filled. (See original story). It is called “slack fill” when packages have nonfunctional empty space in them to give the consumer the impression that the package contains more content than it actually does.

Rossen Reports Movie Candy

Now, four years and several lawsuits later, a settlement has been reached. If you bought a cardboard box of Raisinets®, Buncha Crunch®, Butterfinger Bites®, Tollhouse Semi-Sweet Chocolate Morsels®, Rainbow Nerds®, SweeTarts®, Spree®, Gobstopper®, Sno-Caps®, and Runts® candy between February 9, 2013 and September 23, 2021, you are entitled to an up to $8 refund (50 cents per box).

The deadline for filing a claim is December 27, 2021.

Going forward, the settlement requires Ferrera (the manufacturer of most of the products in question) to fill a larger percentage of each package or provide some other statement on the box regarding the amount of candy inside.


Each of the Ferrara and Ferrero Defendants may choose, in their sole discretion, the specific measures to take to achieve these aims, which may include, for example: (i) including an actual size depiction of an individual piece of the Covered Product’s candy accompanied by the term “actual size” on the product label, (ii) providing a fill line on the product label, (iii) targeting a fill level for the packaging that, measured from the top of the candy, with carton sides held rigid, would be higher than the current fill level, provided that such fill level does not interfere with the functioning of any container reseal mechanism; or (iv) including any other label statement or image, in addition to the net quantity of contents statement, that provides a piece count, volume or amount.

Of course, leaving the remedy of how to correct their past practices to the company itself may result in the least effective method to benefit customers.

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10 thoughts on “Partially-Filled Movie Candy Boxes Case Settled”

  1. requires attestation to precise dates purchased. i do not know about anyone else but I do not keep track when I bought a box of sno-caps 5 years ago

  2. While I’m happy to see this issue resolved in this way, it seems effectively impossible to determine when exactly I purchased candy. Even if I went back through my Regal app to see on what days I saw movies, I still couldn’t swear under penalty of perjury what days I bought the candy.

    Having said that, I don’t really know how else you would go about doing it, but at least they have the future problem addressed. I’m not typical one for this type of governmental oversight, mostly I think through name and reputation most every knows how underfilled the boxes are or finds out the first time they buy one and then makes an informed decision after that.

    We switched to buying things like Kit-Kat bites that come in bags instead of boxes. Also the Reese’s Pieces and Skittles boxes don’t really seem under-filled, but they’re also not mentioned in this lawsuit.

  3. How many readers remember Consumer Reports’ annual feature, “The Golden Cocoon Award”? Although not specifically for movie theater candy, it provided a detailed write-up, with photos, of their best example of overdoing packaging, including underfilling of food products such as candy and chips. Some of them were so bad they could be featured in Consumer World’s “Consumer Humor.” Submissions were provided by readers, so there were no lack of examples. Sure wish Consumer Reports would bring it back.

  4. Bear with me a second.
    $8 divided by .50 is 16 boxes, right?

    Why would someone keep buying these after seeing the first couple or so boxes were half filled? Who would do that 16 times?

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