Ad Law Access

Updates on advertising law and privacy law trends, issues, and developments

Another Slack Fill Preemption Win for the Cosmetics Industry in Critcher v. L’Oreal

In a victory for cosmetics companies everywhere, the Second Circuit has affirmed the dismissal of slack fill allegations claiming that L’Oréal’s pump dispense mechanism for serums, lotions, and liquid makeup prevents…

The Slack Fill Dismissal Streak Continues in the Southern District of New York

A label contains an accurate net weight of the amount of product inside. The packaging is clear, allowing consumers to view a pump mechanism common in the cosmetics world. So, where’s the deception? According to the…

Not So Full Of Hot Air: California Amends Slack Fill Law

California Governor Jerry Brown recently signed into law Assembly Bill 2632, which amended California’s slack fill law to create several new exemptions, hopefully providing some relief from the plague of slack fill…

Some Sanity on “Slack Fill”

The “Show Me” state of Missouri has not been kind to candy makers in cases where consumers allege that packages contain non-functional “slack fill.” Cases against the makers of Mike and Ike® candies, Raisinets®, and…

Missing Ingredient Claims Lead Food Advertising Class Actions So Far in 2017

For the first 28 weeks of 2017, the most frequently alleged claims in new food and beverage false-advertising class actions have related to featured product ingredients that allegedly are absent, or present only in…