Robert Bratton v. The Hershey Company


Patterson Belknap scored a win in a putative class action regarding the packaging of candy products.

The plaintiffs alleged that empty space—or “slack-fill” —in 4-ounce boxes of Reese’s Pieces® and 5-ounce boxes of Whoppers® was misleading, causing the plaintiff to believe he was getting more candy than he actually received. On February 16, 2018, the United States District Court for the Western District of Missouri granted the Firm’s motion for summary judgment, determining the plaintiff “was not misled by the packaging,” and dismissed the case.

The Hershey Company manufactures chocolate and sugar confectionery products. The company, led by Michele G Buck, Javier H Idrovo and Steven M Schiller, in 2016 recorded $7.515 Billion Revenues.

Patterson Belknap advised with a team including Steven A. Zalesin (Picture), Michelle W. Cohen, Gabriela Bersuder and Jane Metcalf.

Involved fees earner: Steven Zalesin – Patterson Belknap; Michelle Cohen – Patterson Belknap; Gabriela Bersuder – Patterson Belknap; Jane Metcalf – Patterson Belknap;

Law Firms: Patterson Belknap;

Clients: The Hershey Company;

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Author: Ambrogio Visconti