Slack Fill Claim Dismissed from Southern District of New York

A recent decision from the Southern District of New York demonstrates the increasing scrutiny of “slack fill” claims. In Morrison v. Barcel USA, LLC, the plaintiff filed a putative class action predicated on the theory that the plaintiff purchased certain bags of tortilla chips and that they contained “too much air and too few chips.” Specifically, the plaintiff alleged that the defendant increased the size of the bags and filled them with “empty space to make it appear to consumers that they are buying more…
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