Insight
First-of-its-Kind Slack-Fill Class Action Dismissed, Affirmed on Appeal
Insight
First-of-its-Kind Slack-Fill Class Action Dismissed, Affirmed on Appeal
March 17, 2016
Winston successfully defended a cosmetics brand in one of the first putative nationwide class actions alleging nonfunctional slack-fill in product packaging, securing a dismissal on the pleadings. This case was affirmed by the Ninth Circuit and is frequently cited as setting the standard for the “reasonable consumer” under California’s consumer protection laws.