Deceptive Patterns
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Food packaging deception: “Nonfunctional Slack-fill”

Author
truthinadvertising.org/
Date
2 Sept 2025
Focus
Industry & Business Models
Category
Consumer Group or NGO

“Companies selling consumer goods legally cannot underfill packages unless the empty space serves a purpose”

Not only is it annoying to open a bag of trail mix – or whatever your favorite snack might be – and find the bag half empty, it may be against the law.

Companies selling consumer goods legally cannot underfill packages unless the empty space serves a purpose – for example, if it provides protection for the hidden contents inside – or meets other criteria established by the FDA so as not to be deemed nonfunctional slack-fill.

By contrast, a new wave of class-action lawsuits accuses a number of brands of underfilling products for “no lawful reason.”