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Inside This Issue
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Carmen Campaigns to Make February ‘Valentine’s Month’
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Putting Compassion at the Center of Every Case
Our Clients Say It Best
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Leaving a Will Is a Valentine’s Gift That Matters
Mouthwatering Mini Cheesecakes
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A Chocoholic’s Day in Court
A SWEET SWINDLE? THE CASE OF THE SKIMPY SNACK
The concept of “shrinkflation” may be gaining ground in light of today’s economy, but it’s nothing new. In fact, nearly a decade ago, the thought of companies reducing the amount of product available in each sale while charging the same price hit one Midwestern man right in his sweet tooth. In 2017, Robert Bratton of Columbus, Missouri, sued the Hershey Co. for $5 million, claiming that the boxes of Reese’s Pieces and Whoppers he regularly purchased were not filled with enough candy. Citing violations of the Missouri Merchandising Practices Act, he alleged that 29% of the Reese’s Pieces boxes he purchased were empty, while only 59% of the Whoppers packaging contained actual product. His suit further alleged that the candy company unjustly enriched itself by knowingly selling boxed items containing considerable empty space. Aiming to avoid leaving a sour taste in court, Hershey contended that at least some empty space is common in most packaged goods to allow for “efficient manufacturing and distribution.” Additionally, the company claimed that consumers are made aware of this necessary
space before purchasing its goods, as the contents of Whoppers and Reese’s Pieces boxes “audibly rattle.”
Despite his multimillion-dollar complaint, Bratton continued to purchase Hershey products, a move that ultimately led to the unraveling of his lawsuit. In 2018, Judge Nanette K. Laughrey dismissed the case after it was revealed that the plaintiff had purchased Reese’s Pieces and Whopper boxes by the hundreds over several years, despite knowing the high likelihood that they would not be full. “Mr. Bratton testified that he initially expected the boxes to be full, but at some point … [he] realized that they’re not,” Laughrey said in her ruling. “Although Mr. Bratton claimed to have always clung to his hope that the boxes would be full, he acknowledged that he did not expect the box to be miraculously filled the next time he bought it.” While Bratton’s love for sugary treats is impossible to deny, his efforts to take down a chocolate giant for shortchanging his confectionery conquests were questionable at best.
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