Mike and Ike boxes contain air

You Know … Those Guys

Mike and Ike brand candy made an advertising splash a few years ago, with a campaign built around the “breakup” of the not-quite famous pair whose names are the brand. Boxes of the candy appeared with one or the other name scratched out, and short missives from Mike or Ike appeared on the back of the boxes explaining the breakup – Just Born, the maker of the candy – even commissioned a movie trailer built around the concept.

The campaign was very popular, in part because it played on the candy’s simultaneous ubiquity and anonymity: Everyone is familiar with the Mike and Ike box, yet few people probably know much about the product, which has been consumed by Americans in some form or another for more than 75 years.


The Mike and Ike brand hit the headlines again this August but in a less positive way – a class action suit filed in the Southern District of California. Anthony Buso brought claims on behalf of a class of Mike and Ike purchasers against Just Born alleging violations of California’s Consumer Legal Remedies Act, Unfair Competition Law and False Advertising Law.

Buso claimed that a box of the candy he purchased was only 70 percent filled with actual product, which triggered the various California statutes. “Judging from the sizes of the container, a reasonable consumer would expect them to be substantially filled with product,” the suit maintains.

The Takeaway

‘The suit seeks injunctive relief, costs of the suit and attorneys’ fees, and damages. This suit is part of an overall increase in slack-fill litigations across the country, as we have reported previously.