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.
There’s been a surge in slack-fill class actions in recent years. In just the last few months, there’s been a lawsuit against Starbucks alleging that certain bottled products contain over 12 percent slack-fill, a case claiming that Nabisco Go-Paks are under-filled by 25 percent or more, and a suit that says roughly 50 percent of Rice-A-Roni and Pasta Roni boxes are empty.
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