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.
Keller and Heckman Partners Eve Pelonis and Bob Niemann discussed how to protect your company from non-functional slack fill claims, prosecutions and class action lawsuits.
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