Why Food Companies May See More Slack-Fill Class Actions

Law360, New York (April 12, 2016, 10:32 AM EDT) -- Rick L. Shackelford

Daniell K. Newman A new front has been opened by the plaintiffs class action bar in the "food wars." In addition to claims against food and beverage manufacturers challenging unregulated words like "natural," or specifically regulated terms like "good source," we have seen an uptick in new cases based upon allegations of nonfunctional slack-fill. A recent decision by the Ninth Circuit Court of Appeals is unlikely to stem the tide of new slack-fill cases.

What is Slack-Fill?

Slack-fill is defined by the U.S. Food and Drug Administration as "the difference between the actual capacity of a container and...

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