Update 5/19/21: Checks are being sent out on this, for $40.50. I guess they had low participating so sent out larger checks, perhaps? Hat tip to reader Amber
Mike and Ike Class Lawsuit
There’s a lawsuit against the Just Born candy company over their under-filling boxes of Mike and Ike and Hot Tamales boxes to make it appear there’s more inside the box than is really there.
A settlement has been reached between Just Born, Inc. (“Defendant”) and Mary Mateski, Alisa Clawson, and Stephanie Escobar (“Class Representatives” or “Plaintiffs”), individually and on behalf of the Settlement Class. The settlement resolves class action lawsuits alleging Defendant packages its boxed candy products in oversized packaging with nonfunctional empty space. Defendant denies the allegations. The Court did not rule in favor of either side. The parties agreed to the settlement to avoid the expense and risks of continuing the lawsuit.
Who Is Eligible?
You are a class member if you are a resident of the United States who purchased one or more cardboard boxes of Mike and Ike and/or Hot Tamales candy, between February 3, 2013 and July 23, 2020.
How Much?
To qualify for cash or vouchers, you must have purchased one or more Settlement Class Products.
- If you provide a receipt for the Settlement Class Products, you can choose either a cash refund of 50 cents per box purchased with a maximum of $8, or a voucher for one free box for every two boxes purchased, capped at eight (8) free boxes.
- If you do not provide a receipt for the Settlement Class Products, but complete this Claim Form under penalty of perjury, you will receive a voucher for one free box for every two boxes purchased, capped at eight (8) free boxes.
- If the amount in the Settlement Fund (net of costs of notice and settlement administration, Settlement Class Counsel’s attorneys’ fees and litigation expenses and the incentive awards for Plaintiffs), is either less or more than the amount of the total cash claims submitted by Claimants, the claims of each Claimant will be decreased or increased, respectively, pro rata, to ensure the Settlement Fund is exhausted, with no reversion from the Settlement Fund to Defendant. Cash payouts will be adjusted pro rata up or down in the event of under- or over-subscription, respectively, of the Cash Claim Fund; voucher payouts will be adjusted pro rata up or down in the event of under- or over-subscription, respectively, of the Voucher Claim Fund. Pro rata upward adjustment of cash and voucher claims shall be capped at a multiple of 9-times and 3-times, respectively, the claimed amounts. Any amounts remaining in the Cash Claim Fund or Voucher Claim Fund after checks and vouchers are issued and cashed or expired shall be disbursed cy pres. Claimants shall be limited to redeeming eight (8) boxes at any one time.
Important Dates
- February 3, 2013 through July 23, 2020 – eligible purchase dates
- November 10, 2020 – Deadline to Submit A Claim
- October 11, 2020 – Deadline for Class Members to Opt-Out or Object
- December 15, 2020 – Final Approval Hearing
Final Thoughts
So many creative class lawsuits. These are popular candies and I’d think many of us will be eligible. Procuring receipts is a pain in the neck and probably not worth it at 50 cents each one, maybe just picking the free candy makes sense unless you have the receipts easily available.
