April 24, 2018

Not Edible, But Still Empty: Manufacturers of Non-Food Products are also Targets for Slack Fill Litigation

Florham Park partner Michael C. Zogby and Philadelphia associates Katherine McBeth and Tonia Ann Patterson penned an IADC Defense Counsel Journal article titled “Not Edible, But Still Empty: Manufacturers of Non-Food Products are also Targets for Slack Fill Litigation.” The article discusses “slack fill,” which generally refers to the difference between the actual capacity of a container and the volume of product contained therein, and the rise of slack fill litigation. Due to the increasing number of class actions and commercial litigation cases that allege the existence of nonfunctional slack fill, the phrase “slack fill” has begun to engender discomfort for manufacturers of certain products.

Mike, Katherine and Tonia explored cases regarding both food-related slack fill litigation, which is at the leading edge of slack fill litigation, and non-food slack fill litigation, which has recently seen an increase in cases filed. They also recommended several potential defenses that manufacturers of these products can lodge, as well as pre-emptive steps manufacturers can take to limit their liability exposure.

Read “Not Edible, But Still Empty: Manufacturers of Non-Food Products are also Targets for Slack Fill Litigation.”

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