Empty Spaces Causing Big Problems: The Rise Of Slack-Fill Litigation

Last month, a district court judge in California dismissed a highly publicized lawsuit in which the plaintiff claimed that Starbucks' iced beverages contained too much ice and not enough coffee. The suit was the subject of derision in the media and general public, and even the district court seemed incredulous that someone could not know that including ice in a beverage decreases the amount of the beverage that will be included in the cup. But the lawsuit still serves to highlight the growing trend of cases claiming that allegedly deceptive product packaging can cause consumers to believe they are receiving more food or drink than what they are actually receiving.

One particular category of this type of lawsuit is so-called "slack-fill" cases. The essence of these claims — many of which purport to assert claims on behalf of nationwide classes — is that product packaging contains too much empty space, or slack-fill.