Last week, I wrote about the increasing number of “slack-fill” plaintiffs—consumers who file lawsuits claiming companies left too much empty space in product packaging. Mondelez International, one of the world’s largest snack companies, is no stranger to this type of litigation. It recently achieved dismissal of one such case alleging that it misleadingly packaged its Sour Patch brand candies to look like more candy was in the package than there actually was.
But Mondelez appears to be pressing its luck. The company came under fire this week for slack-filling another of its popular candies, Toblerone chocolate. Toblerone is known for its shape, consisting of a line of connected triangles. Consumers took to social media in droves after discovering that the triangles of chocolate were more spaced out, resulting in significantly less chocolate in the package.
In a fact-pattern much like the McCormick pepper case I discussed last week, the chocolate’s packaging remained the same size and is opaque. I predict Mondelez will be facing another slack-fill lawsuit in the very near future.