May 31, 2016
Senior associate Katie Bond was quoted in the Corporate Counsel article “What is a Company to do to Avoid Slack-Fill Litigation?” The article notes that empty space in food packaging, known as slack-fill, is increasingly becoming grounds for deceptive advertising litigation. But advertising and marketing attorneys say there are ways to minimize potential liability. Ms. Bond noted that if packaging size is important but the quantity inside is being lessened, a company might consider disclosures. “Are they going to be a home run all of the time? No. But they definitely lower the risk,” she said. “All of this comes down to are you deceiving consumers, and if you have a reasonable disclosure, you’re going to have a good argument that you’re not deceiving the consumer.”
To read the full article, please click here. Access may require a subscription.