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Barcel USA Tortilla Chip Slack-Fill Class Action Crumbles

Jan. 3, 2019, 9:03 PM

Barcel USA LLC crushed a proposed class action alleging bags of tortilla chips contained too much air and too few chips.

Aurora Morrison alleged she was fooled by oversized bags of Zombie and Guacamole-flavored Takis rolled tortilla chips.

But Morrison’s claims under New York’s consumer protection law fail, the U.S. District Court for the Southern District of New York said Jan. 2.

Courts generally have taken a dim view of slack-fill suits. Some space, or functional slack-fill, is permitted in food packaging, for example to protect fragile foods from breakage during shipping.

Morrison doesn’t allege any facts to support her...

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