A class action lawsuit filed against the maker of Whoppers and Reese's Pieces has been dismissed by a federal court judge.

Robert Bratton sued the Hershey Company, claiming the candy manufacturer deceived customers under Missouri’s consumer protection law by underselling the candy contained in boxes of Whoppers and Reese's Pieces. According to news reports, Bratton purchased roughly 600 boxes of the popular candies over the course of a decade, giving rise to his million dollar lawsuit, which was filed on his behalf and that of all other individuals who bought either candy over the past five years.

Recently, the federal court dismissed the lawsuit, ruling that Bratton was not deceived and had experienced no injury. In fact, the justification for the ruling came from Bratton's own action of purchasing the candy over and over again.

Bratton has a similar lawsuit pending against Tootsie Roll Industries, the maker of Junior Mints.

In an effort to ensure that consumer protection lawsuits are legitimate, the Missouri legislature is considering a bill that would evaluate lawsuits from the perspective of a reasonable consumer. When consumers are not actually harmed, there would be no award. Also, attorneys’ fees in such class actions could no longer dwarf the benefits provided to consumers.

—Source: kansascity.com