Analysis

Slack-Fill Suits See Boom Despite Few Class Wins

Law360, New York (April 17, 2017, 3:07 PM EDT) -- The number of “slack-fill” lawsuits claiming food companies trick consumers into thinking they are getting more product than they actually paid for has jumped more than six times since 2013, and that growth shows no signs of diminishing despite mixed results from judges’ decisions in these cases.

Lawyers who sue food companies say that their slack-fill class suits serve a greater good because they protect consumers and keep companies honest. But lawyers defending the companies say these are often frivolous nuisance suits that end up passing on legal costs to consumers in the supermarket check-out line. And at least one judge...

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