Kelley Drye

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Suing over Empty Space: Why Lawsuits over Slack Fill in Packaging Are Growing

February 3, 2017 | Nutritional Outlook

Partner Kristi Wolff and associate Devon Winkles co-authored the Nutritional Outlook article “Suing over Empty Space: Why Lawsuits over Slack Fill in Packaging Are Growing.” The article discusses the rise in lawsuits regarding slack fill, or the difference between the capacity of a container and the volume of the product inside. Ms. Wolff and Ms. Winkles note that there has been a recent flurry of litigation alleging that non-functional slack-fill deceives consumers about the true contents of packaged goods. They go on to outline the federal slack-fill rule and cover recent litigation examples, while suggesting that companies should not overlook the form of the packaging as a source of litigation risk.

To read the full article, please click here.

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