When Would a Reasonable Consumer Be Misled by the Product’s Packaging in Slack-Fill Lawsuits?

After opening food or nonfood product packaging, many consumers are left wondering: Shouldn’t there be more in there? Frustrated by the appearance of a product’s packaging compared with the quantity of the product contained within, plaintiffs have filed slack-fill class action lawsuits. Essentially, these lawsuits against food and nonfood manufacturers, including pharmaceutical and consumer product companies, allege that the products have empty space in the packaging that misled the plaintiffs into thinking they were buying more than they actually bought.

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Michael C. Zogby is a partner at Drinker Biddle & Reath LLP in Florham Park, New Jersey, and New York City, New York. Katherine McBeth is an associate in the firm’s Philadelphia, Pennsylvania, office.


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