Benson v. Fannie May Confections Brands, Inc.

Dist. Ct. did not err in granting defendant’s motion to dismiss plaintiff-customer’s class action, alleging that defendant violated Illinois Consumer Fraud and Deceptive Practices (ICFDPA), Act by selling plaintiff half-empty box of chocolates, where plaintiff asserted that defendant’s box of chocolates contained needless empty space that misled consumers. While plaintiff alleged that “slack-fill” or empty space in defendant’s otherwise opaque box was both deceptive and unfair, plaintiff failed to allege that she incurred any actual damages, since she failed to claim either that candy contained in defendant’s boxes was defective or that she could have acquired said candy at better price. Also, plaintiff could not pursue unlawful enrichment claim where her ICFDPA failed, since, under Illinois law, there is no stand-alone claim for unjust enrichment.