February 28, 2018 Articles

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

When it comes to opening a package containing food or other products, is what you see what you get?

By Michael C. Zogby and Katherine McBeth

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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