Candy Crime: Sacramento Counties File Complaint Against Candy Companies For 'Misleading Customers'

SACRAMENTO (CBS13) — Some California counties say customers are being ripped off when it comes to candy with boxes that look big but hold fewer sweets than expected. Now prosecutors are trying to put an end to the problem by taking candy companies to court.

Valentine's Day is less than a month away and store shelves are stocked with sweet treats, but sometimes those big boxes of chocolates are leaving customers sour.

Now prosecutors from six California counties have filed a complaint, saying people purchasing some Ghiradelli and Russell Stover candy aren't always getting what they pay for.

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Deputy district attorney Larry Barlly says evidence shows the packaging is much larger than the amount of candy actually included in the box. In some cases, the candy weight is less than what is listed on the label.

"When you open it up you find you didn't get what you were expecting," Barlly said. "It's called slackfill under the business and professions code, and slackfill is illegal,"

The candy companies have reached a legal settlement admitting no wrongdoing but agreeing to pay a $750,000 penalty and to change their packaging.

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"They're going to put a window in there so you'll know how much there is without having to pick it up and fold it over," Barlly said.

It's an effort by this candy crimefighter to keep companies from misleading customers.

"If you say that you have five ounces and you actually have seven, great the consumer just go an extra two, but if you say you have five and you only have four then that's illegal," Barlly said.

Money from the settlement goes toward paying for prosecutor's expenses and funding future consumer fraud cases.