CA Backs Off On Its “Slack Fill” Law

This is the California law that allows plaintiffs to allege that packaging is misleading because it contains nonfunctional empty space, known as slack fill. Recent amendments signed by Governor Jerry Brown “will be an additional hurdle to the plaintiff bar, which has been flooding the courts with slack fill related lawsuits in recent years,” says this post from Bryan Cave. The plaintiffs in these cases, which are often filed as class actions, allege they were led to believe they are receiving more of the product than they actually get. Major changes to the law include exemptions for containers in which a “fill line” is clearly visible, and products sold in a way that “does not allow the consumer to view or handle the physical container or product,” a provision that may exempt online sales.