April 04, 2019

Emerging Trends in Slack-Fill Litigation


Michael C. Zogby, William A. Hanssen, and Katherine McBeth of Drinker Biddle & Reath LLP’s Products Liability and Mass Tort Group presented “Emerging Trends in Slack-Fill Litigation,” a webinar sponsored by the International Association of Defense Counsel on April 4, 2018. Mike, Bill, and Katherine discussed the number of slack-fill (the deceptive appearance of packaging compared to the quantity of the product within) lawsuits filed across the country by consumers and local governmental entities against manufacturers of food and non-food products.

They explained the federal prohibition against nonfunctional slack-fill and described the six safe harbors provided by CFR Title 21. Since the federal regulation does not provide a private right of action, Mike, Bill, and Katherine then discussed its connection to states’ consumer protection laws, which mirror the federal regulation. They also analyzed recent trends in the outcome of slack-fill lawsuits and provided examples of successful and unsuccessful state legislation in response to slack-fill lawsuits, and concluded with best practices manufacturers can follow to avoid becoming targets of slack-fill lawsuits.

The webinar was co-sponsored by the IADC Class Actions and Business Litigation Committees.

For more information about this presentation or Drinker Biddle’s Products Liability and Mass Tort Group, please contact Mike.


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