What Is Slack Fill?

Slack Fill

The Food and Drug Administration (FDA) regulates how containers are filled in order to prevent the sale of partially filled containers that mislead consumers on the amount of food or supplements in a package. The FDA defines nonfunctional slack fill as the difference between the capacity of a container and the volume of product inside. Slack fill lawsuits have been filed against food and beverage makers who left empty space in a container for reasons other than functional ones, such as protecting contents or complying with shipping requirements.

What Laws Regulate Slack Fill?

The Food, Drug, and Cosmetic Act is a U.S. law that regulates slack fill. The law states that a food or dietary supplement is misbranded if its container is made, formed or filled to be misleading. In 1994, the FDA issued a rule on misleading containers and nonfunctional slack fill that clarifies this legal area. The rule explains that a container is misleading if it does not let consumers view the contents fully and contains slack fill that’s not functional.

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