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Suit Over Air in Potato Chip Bags Crumples

March 28, 2018, 4:42 PM

Wise Foods, Inc. deflated a would-be class suit alleging air-filled potato chip bags trick consumers into thinking more chips are inside.

Consumers have come to expect “slack-fill,” or empty space, in snack packs, the U.S. District Court for the Southern District of New York said.

Federal regulations permit functional slack-fill, or space that serves a purpose such as cushioning chips against breakage. Non-functional slack-fill, empty space without a recognized reason, is not allowed.

But no reasonable consumer would be misled by slack-fill, even assuming it were non-functional, in the chip bags, the court said.

Sameline Alce and Desire Nugent contested...

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