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Seventh Circuit Lets The Air Out Of Another “Slack Fill” Claim

This blog has previously examined the recent spate of so-called “slack-fill” lawsuits, in which consumers claim that a food (or other) product is misleadingly packaged because it contains excess air. We noted that the...more

Extreme Pro-Plaintiff Changes Proposed To New York’s Consumer-Protection Law

It’s hard to argue that New York’s consumer-protection laws (Gen. Bus. Law §§ 349–350) are being underutilized by private plaintiffs.  But, on that claimed basis, the state’s Legislature is considering a multifaceted...more

Speak of the Devil… Class Certified in “Slack-Fill” Case for the First Time

Speak of the Devil and he doth appear. Today, it’s just a figure of speech. In medieval England, by contrast, people meant it literally—as a warning that uttering the Prince of Darkness’s name would conjure his evil...more

“Slack-Fill” Cases Coming Up Empty

Unless you were born yesterday, you know that packaged goods usually contain some empty space in the box, bottle, or bag. This has been true for as long as there have been packaged goods. ...more

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