New York Post

She makes a federal case out of ... mints!

- By LISA FICKENSCHE­R lfickensch­

A Manhattan woman who bought a 3.5-ounce package of Junior Mints felt cheated after claiming to find the candy filled just 57 percent of the box.

But instead of just getting mad, Biola Daniel is trying to get even.

Daniel has filed a lawsuit seeking class-action status in federal court claiming Tootsie Roll Industries, the maker of Junior Mints, intentiona­lly deceives sweet-tooth shoppers by using the disproport­ionately large boxes.

By comparison, Milk Duds, about the same size as a Junior Mint, fills 73 percent of its boxes while Good n Plenty candies fill 88 percent of their boxes, the suit, filed in Manhattan federal court, claims.

Lawsuits against food products are mushroomin­g.

Earlier this year, a California woman sued Nestle over half-filled Raisinets boxes, seeking $5 million in damages.

The Institute for Legal Reform, which fights frivolous class-action suits, said the number of food-related suits filed in federal courts has skyrockete­d from 20 in 2008 to 171 last year.

C.K. Lee, the lawyer for Daniel, often files cases on false advertisin­g grounds or violating the Americans with Disabiliti­es Act. On Thursday, Lee sued the play “Hamilton” for not providing audio descriptio­ns for the visually impaired.

Tootsie Roll could not be reached for comment, but a suit similar to the Junior Mints action was dismissed in Los Angeles.

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