A New Jersey federal court dismissed slack-fill claims against the manufacturer of Junior Mints and Sugar Babies products. Plaintiff Regan Iglesia purchased Junior Mints in 2017 and claimed that the boxes of the challenged products were about forty-five percent empty. He brought suit under a litany of alleged violations related to this area of empty packaging, called slack-fill. On October 18, the court dismissed each of Iglesia’s claims, holding that the complaint was not plead with adequate particularity, including the date or exact location of the alleged purchase.
The court went on to provide additional holdings, including:
The court granted the motion to dismiss without prejudice on all counts apart from unjust enrichment, finding that any amendment would be futile on that claim. Iglesia has thirty days to amend the complaint. The case is Iglesia v. Tootsie Roll Industries LLC, No. 3:20-cv-18751 (D.N.J.), and the order is available here (link).