Claims and class actions for non-functional slack fill of consumer products have steadily increased since 2013 and are now at an all-time high. These prosecutions occur in the form of consumer class actions by private attorneys seeking class compensation, and district attorneys seeking penalties and attorney fees. It is estimated that 12% of all food and consumer product claims in America are now for non-functional slack fill, and the clear majority are filed in California and New York. Knowing how to avoid and protect your company and brand from these types of actions is imperative. Knowledge of the underlying statutes, the types of claims that are made most often, and experience in negotiating with the prolific counsel who bring these actions will give you the advantage.

Topics to be discussed include:

• Review of all applicable regulatory aspects of functional slack fill to remain in compliance.

• Defending slack fill claims and prosecution by district attorneys.

• Defending class action lawsuits for slack fill claims.

• An overview of class action lawsuits that have been filed in this space