Is Your Packaging Breaking the Law?

Packaging is more than a protective shell—it’s a direct representation of your product and your brand. But what happens when the package is bigger than necessary and the contents don’t match consumer expectations? That’s where Slack Fill laws come into play.

Slack Fill refers to the difference between the actual capacity of a container and the volume of product inside. If this empty space serves no legitimate function, it may be considered misleading under both U.S. Federal law and California’s stringent consumer protection statutes.

At FSVPServices.com, we help businesses evaluate, adjust, and verify packaging designs to ensure full compliance—protecting your brand from legal exposure while maintaining consumer trust.

What Is Slack Fill?

Slack Fill is legally defined as the nonfunctional empty space in a package. While some empty space may be necessary for protection, manufacturing, or settling of the product, nonfunctional Slack Fill is considered deceptive under:

• U.S. Food, Drug, and Cosmetic Act (21 CFR 100.100)
• California Business & Professions Code Section 12606.2

If a package contains more empty space than necessary, it may mislead consumers about the quantity or value of what they’re purchasing—even unintentionally.

Why It’s a Compliance Risk

Slack Fill violations can lead to:

• Regulatory enforcement by the FDA or California Department of Justice
• Class-action lawsuits initiated by consumers or advocacy groups
• Fines, settlements, and label redesign costs
• Removal from retailer shelves and loss of consumer trust

California, in particular, has become a hotspot for Slack Fill lawsuits, especially in food, supplements, personal care, and cosmetics. Even if your product complies federally, it might not satisfy California’s stricter requirements.

How FSVPServices.com Helps

We offer a comprehensive Slack Fill Compliance Program that includes:

✅ Packaging Volume Analysis
- • We assess your container design to determine if the empty space is functional or if it may be flagged as misleading.
✅ Functionality Justification Review
- • We help document legitimate reasons for empty space (e.g., product protection, settling during shipping, tamper-resistant features) to support legal compliance.
✅ Regulatory Crosswalk: Federal vs. California Law
- • We ensure your packaging meets the unique requirements of both federal law and California’s Business & Professions Code.
✅ Labeling & Marketing Alignment
- • We review promotional claims, imagery, and volume disclosures to ensure packaging does not misrepresent the product's contents.

Industries Most at Risk

Slack Fill enforcement commonly targets:

• Food & Beverage (snack bags, cereals, frozen meals)
• Supplements & Vitamins (bottle fill levels)
• Cosmetics & Personal Care (lotions, creams, serums)
• Household Products (cleaning sprays, laundry pods)

If your product is visibly underfilled, uses opaque packaging, or lacks a clear fill line, it’s time for a compliance review.

The Outcome: Confidence and Compliance

With FSVPServices.com, you can:

• Prove your packaging is compliant
• Maintain transparency with consumers
• Protect your brand from costly litigation
• Create packaging that is both attractive and legally sound

Ready to Evaluate Your Packaging?

Don’t let your packaging break the law. Let FSVPServices.com help you reduce regulatory risk and maintain customer trust through a Slack Fill Compliance Review. 👉 Visit FSVPServices.com to schedule your packaging assessment today.