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...