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Tightening Up The Slack In Slack-Fill Litigation

Attorney: Rudy R. Perrino | Published 8.22.18

Since the first case was filed in 1980, slack-fill litigation against food, beverage and consumer goods companies has skyrocketed. Slack fill is the difference between the capacity in a container and the volume of the actual product inside.  A container with slack fill that serves no functional purpose could be subject to lawsuits under the Federal Food, Drug, and Cosmetic Act (FDCA) and relevant state regulations. In an article published by on Monday, August 13, 2018, Walsworth partner Rudy Perrino and associate Christine Fan provide insight into governing laws and how companies should take action to prevent and defend themselves against slack-fill lawsuits in light of the increasing risk of potential liability.

As Perrino and Fan point out, “Within the past five years alone, the total number of slack-fill lawsuits in the U.S. has multiplied six-fold,” with most slack-fill litigation brought in the form of a class action.  They say that the most cost-effective means of avoiding litigationis to proactively ensure compliance with the applicable slack-fill statutes, although methods of dealing with slack-fill are specific to each product.

Click here to read the article.