• Recent Developments Have Let the Air Out Of Slack Fill Lawsuits
  • May 28, 2018
  • Law Firm: - Office
  • Slack fill litigation has been a significant trend within the food and beverage industry over the past several years. Approximately 300 slack fill cases were filed between 2016 and 2017. The cases have been filed principally in California and New York, but due to favorable consumer protection statutes, Missouri has recently become a hotbed of slack fill activity. While the proliferation of slack fill claims may concern food and beverage manufacturers, recent legal developments indicate that the viability of these claims may be short lived.

    In their article for the New York Law Journal, Eversheds Sutherland attorneys Meghana Shah, Brittany Cambre and Amber Unwala discuss how past precedent has affected slack fill lawsuits, why SDNY rejected new efforts to plausibly plead slack fill claims, how Missouri may tighten the slack in consumer protection statutes and what is next for slack fill claims.