Clarisha Benson and Lorenzo Smith each purchased an opaque, seven-ounce box of Fannie May chocolates for $9.99 plus tax. Benson purchased Fannie May’s Mint Meltaways and Smith purchased Fannie May’s Pixies. Although the boxes accurately disclosed the weight of the chocolate within, and the number of pieces in each box, the boxes were emptier than either had expected.
The box of Mint Meltaways contained approximately 33% empty space and the box of Pixies contained approximately 38% empty space.
The plaintiffs eventually sued Fannie May on behalf of themselves and a putative class, alleging violations of Illinois Consumer Fraud and Deceptive Business Practices Act and asserted claims for unjust enrichment and breach of implied contract.