By Ginny Harman

Ever get upset when you open a box of candy and feel you didn’t get your money’s worth?

A Missouri man was apparently annoyed that his box of candy was so dramatically under-filled, he filed a lawsuit against the candy maker.

Related: Taco Bell Introduces Fried Egg Taco Shell

Consumerist reports that Robert Bratton has filed the suit against The Hershey Company, claiming he, according to the filing, “suffered an ascertainable loss as a result of [Hershey’s] unlawful conduct because the actual value of the Products as purchased was less than the value of the Products as represented.”

Bratton also claims the packages are “slack-filled” or “uniformly under-filled.”

Slack fill may occur when contents of a package settle during shipment and other times it can be used to protect the food in the package, like with chips, for example.

In an effort to have the case dismissed, attorneys for Hershey’s argued, “consumers are well aware of the fact that substantially all commercial packaging contains some empty space.”

The candy sold in boxes also is sold in plastic packaging, which leads one to question why slack fill is used in the first place.

Hershey’s may have to answer that question, as their arguments did not win over the judge and the motion to dismiss was denied.

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