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Expert Analysis

The Glass-Half-Empty Class Action: Slack-Fill Litigation

Law360, New York (August 3, 2015, 11:45 AM EDT) -- Whether we realize it or not, we are all familiar with slack-fill. We have all popped open a bag of potato chips that appears half-empty, flipped off the cap from a vitamin bottle with a little room left at the top or cracked open a video game case that was twice the size of the disk within. We may even understand the reasons why manufacturers use slack-fill: what looks like nonfunctional or empty space is used by the manufacturer to keep the product unbroken in transit, flowing smoothly through the company's production line and safe from theft on the shelf....

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