Advil 'Slack-Fill' Claims Come Up Empty, Judge Finds

Law360, New York (October 18, 2016, 5:28 PM EDT) -- A New York federal judge on Tuesday offered harsh words for the consumers accusing Pfizer of tricking them into buying larger bottles of Advil by incorporating excessive empty space, saying their failure to read the label’s unambiguous pill count “does not pass the proverbial laugh test.”

Lead consumer Matthew Fermin and three others sued Pfizer Inc. in April 2015 alleging the drug maker tricked them into thinking that large bottles of Advil would be filled to capacity, when in fact they contained excessive “slack-fill” or empty space, a violation of the Federal Food Drug & Cosmetic Act and New York, Florida...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS