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A man has slapped The Hershey Company with a class action lawsuit, claiming some bags of the chocolate maker’s famous Kisses contain less candy than advertised.

Plaintiff Christopher Huppert argues “Hershey’s has reduced the contents of the ‘Classic Bags’ for Hershey’s kisses (sic) Milk Chocolate with Almonds by 8%, and under-filled the bags with only 11 ounces (net weight) of Kisses,” according to Forbes. The lawsuit also says bags of Hershey’s Kisses Cookies ‘n’ Crème only have 10.5 ounces of candy, yet cost the same as 12-ounce bags.

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The suit asks for recovery of actual damages, or $50, for each of Hershey’s alleged violations, plus triple damages and attorney fees for Huppert.

“There is no merit to this suit,” Hershey’s spokeswoman Jennifer Sniderman told Forbes.”Hershey’s packaging fully complies with all state and federal laws.”

The lawsuit comes shortly after Hershey’s announced higher-than-expected quarterly profit, thanks in part to the popularity of the company’s new Reese’s Pieces Cups.

(H/T: Forbes)

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