Class Certification Insights From McCormick Slack-Fill Suit

Law360 (August 22, 2019, 3:46 PM EDT) -- Class action litigation involving "nonfunctional slack fill" (empty space in a product container in excess of what is required to protect the contents, to accommodate manufacturing or safety concerns, or to account for settling during shipping and handling)[1] has been filed against a host of food and other consumer packaged goods manufacturers in recent years, and it continues to be a headache for companies in those industries.

But recently, a federal judge in the U.S. District Court for the District of Columbia issued a significant opinion considering whether to certify a slack-fill suit as a class action under Rule 23 of...

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