Why You’re Paying for Empty Space
Ever opened a bag of chips and felt cheated by how much air was inside? That moment of disappointment is more than just a consumer gripe—it’s often the result of a packaging tactic known as slack-fill. While some slack-fill is legal, much of it walks a fine line between clever marketing and deceptive packaging.
This article explores what slack-fill is, how it affects everyday products, and the legal regulations designed to protect consumers from misleading packaging.
What Is Slack-Fill?
Slack-fill refers to the empty space inside a product’s packaging—space that is not filled with the actual product. Though some empty space is necessary for protecting contents during shipping or manufacturing, excessive slack-fill often misleads consumers about how much product they are really getting.
There are two types of slack-fill:
- Functional, which serves a legitimate purpose (like preventing damage or allowing for product settling).
- Nonfunctional, which exists without serving any practical role and can mislead consumers into thinking they are receiving more product than they actually are.
Common Examples of Slack-Fill in Everyday Products
Slack-fill is widespread in consumer goods, often showing up in subtle (and not-so-subtle) ways. Common examples include:
- Snack packaging: Bags of chips, popcorn, and pretzels often contain more air than product.
- Cosmetics: Creams and serums packaged in large jars or bottles with false bottoms.
- Supplements: Vitamin bottles that are only partially filled with pills or capsules.
- Candy boxes: Theater-style boxes with plastic trays inside that hold less than half the box’s volume.
These oversized packages are designed to give the impression of greater value, leveraging consumer psychology that bigger equals better.
Why Companies Use Slack-Fill
- Marketing Appeal – Larger packaging looks more substantial and eye-catching on store shelves.
- Perceived Value – Consumers often equate package size with quantity, even when labeling may indicate otherwise.
- Brand Positioning – Some luxury or health products use oversized containers to convey a sense of prestige or worth.
- Unfair Competitive Advantage – Companies that underfill their packages can create the illusion of offering more product than competitors, even when they provide less. For every two units a competitor needs to sell to meet consumer expectations, these companies may only need to fill one—gaining an unfair edge while misleading consumers.
Even when labels accurately state the net weight or volume, the visual impression of a large container can influence purchasing decisions—often unfairly.
The Legal Framework Around Slack-Fill
Federal Regulations
At the federal level, slack-fill is regulated primarily through the Federal Food, Drug, and Cosmetic Act (FDCA). The relevant statute, 21 CFR §100.100, prohibits nonfunctional slack-fill in food packaging if it’s misleading to the consumer.
Some acceptable reasons for slack-fill under this regulation include:
- Product protection during handling
- Unavoidable manufacturing requirements
- Product settling during shipping
- Packaging used for specific functional design reasons
However, enforcement is limited, and many products fall outside the scope of federal scrutiny unless flagged by a complaint or class-action suit.
California Law: A Stricter Standard
California takes slack-fill violations more seriously. The Fair Packaging and Labeling Act (California Business & Professions Code §12606) explicitly prohibits nonfunctional slack-fill across various product types, including:
- Food and beverages
- Cosmetics
- Household goods
- Drugs and supplements
California law identifies 15 specific exceptions where slack-fill may be considered functional, such as unavoidable manufacturing requirements, protective packaging needs, or machinery constraints. If none of those exceptions apply, and the slack-fill misleads consumers, the packaging may be deemed unlawful.
Real-Life Lawsuits and Controversies
Slack-fill has been at the center of several high-profile legal disputes. These cases help illustrate how the law is being tested in real-world scenarios:
Junior Mints
One of the most talked-about cases involved Tootsie Roll Industries, the maker of Junior Mints. A class-action lawsuit alleged that the theater-style boxes were only about 64% full, with the rest being nonfunctional empty space. Plaintiffs argued that the packaging misled consumers into expecting more candy.
Although the lawsuit was ultimately dismissed, the case sparked significant public interest and highlighted how packaging can influence purchasing behavior.
Maybelline and L’Oréal
Another example involved Maybelline and L’Oréal, which were sued for selling makeup products in oversized containers. Allegations claimed that certain concealers and face powders were housed in disproportionately large packaging that created a false impression of quantity. The companies settled the lawsuit, reinforcing the need for brands to package products honestly.
Nutraceutical Corp.
Supplement brand Nutraceutical Corp. was targeted for selling vitamins in bottles that appeared full but were only partially filled. Plaintiffs in the case cited misleading slack-fill as a central issue. The company ultimately settled the lawsuit, and the case served as a cautionary tale for others in the health and wellness industry.
The Consumer Impact
While the difference between a full and half-full box of candy may seem small, these practices affect consumer trust and can cost billions in cumulative overcharges. Studies suggest that deceptive packaging influences not only how much people are willing to pay but also how they perceive product quality.
Beyond the financial impact, slack-fill can:
- Distort fair competition by favoring deceptive brands
- Undermine product transparency
- Exploit consumer assumptions about size and value
Low-income and time-pressed shoppers, in particular, are disproportionately affected, often making quick decisions based on package size rather than fine print.
Consumer Awareness and Red Flags
Here are some signs a product may be using nonfunctional slack-fill:
- The packaging seems large but feels unusually light.
- The actual contents are significantly less than the container’s capacity.
- The product comes with trays or false bottoms that reduce usable space.
- The packaging seems overbuilt for fragile items that don’t need extra protection.
While net weight or volume must legally appear on the label, this information is not always front and center—and not all consumers think to check. Even when it is visible, most consumers are not versed in doing mental math to determine whether the net weight is commensurate with the size of the package. As a result, they reasonably rely on the package’s size and appearance as cues for how much product is inside, making this a deceptive practice that undermines informed purchasing decisions.
The Role of Consumer Complaints and Litigation
In many cases, legal action is the only way slack-fill practices are challenged. Consumers who file complaints with regulatory agencies, or who participate in class-action lawsuits, help shape industry standards and force companies to rethink their packaging strategies.
Past lawsuits have resulted in:
- Packaging redesigns
- Refunds to consumers
- Corporate policy changes
These outcomes highlight the power of consumer advocacy and the importance of transparency in product marketing.
Conclusion
Slack-fill might seem like a minor inconvenience, but in reality, it raises critical questions about consumer rights, transparency, and fair business practices. Whether it’s a bag of chips or a luxury face cream, the empty space inside packaging can mislead consumers and distort competition.
While functional slack-fill serves a valid role in protecting products or accommodating manufacturing processes, nonfunctional slack-fill remains a contentious—and often deceptive—practice.
Informed consumers are the first line of defense. By paying attention to packaging, questioning oversized containers, and staying updated on legal developments, consumers can help push the market toward greater honesty and accountability.