Settled: Suit alleging M&Ms contained metal object

David Yates Jun. 4, 2015, 12:12pm


A final judgment has been entered in a suit brought by a Panola County woman who alleged her mouth was injured when she bit into an M&M candy that contained a hard metal object.

Diane Tilton filed a lawsuit Oct. 31 in the Marshall Division of the Eastern District of Texas against Mars Inc. and Walmart Stores Inc., citing breach of implied warranty of merchantability.

Court records show that on Jan. 13 a notice of settlement was filed in the case, stating the parties had compromised and settled the matters in controversy.

The following day, a final judgment was entered dismissing the action with prejudice.

According to the complaint, Tilton purchased a package M&M candies at a Wal-Mart in Carthage on Nov. 2, 2012, and when she began eating the candy, she bit into a piece that contained a hard metal object, resulting in injuries to her mouth, teeth, and gums.

The complaint states the metal object was encapsulated and thus hidden by the candy-coating characteristic to M&Ms, which are manufactured by Mars. The defendants are accused of breach of implied warranty of merchantability and strict liability.

Tilton sought more than $75,000 in damages, including medical expenses, lost earnings, loss of earning capacity and costs of suit.

She was represented by attorney Jack Baldwin of Baldwin & Baldwin in Marshall.

Case No. 6:14-CV-00824-JDL

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