This class action alleges that Proctor & Gamble violated federal and state consumer protection laws with certain of its deodorant and antiperspirant products because their packaging contained unlawful “slack fill” and was designed to hide the true amount of the product.
The products cited in this case included Gillette® Odor Shield Invisible Solid, Old Spice® High Endurance Invisible Solid, and Old Spice® Classic deodorants and antiperspirants, in various fragrances and sizes.
The plaintiffs allege that the size of the containers make it appear to a reasonable consumer that the products contained are of a more substantial size than they actually are. For example, the 2.6 ounce stick is approximately 2 1/2 inches wide and 2 3/4 inches long, while the packaging is approximately 2 1/2 inches wide and 5 1/4 inches long.
The plaintiffs claim that this packaging violates consumer protection laws at both the federal level and in all fifty states. Federal regulations say that “a food shall be deemed to be misbranded if its container is so made, formed, or filled as to be misleading.” It specifies that “[a] container that does not allow the consumer to fully view its contents shall be considered to be filled as to be misleading if it contains non-functional slack-fill. Slack-fill is the difference between the actual capacity of the container and the volume of product contained therein.”
The complaint includes pictures of the products beside their packaging, showing the differences in size. Through calculations of cubic volume, it alleges that the packaging for the three products contains 48%, 46%, and 36% of slack fill, respectively. It further asserts that very little of the slack fill is needed for the propel/repel mechanism that brings the product to the top of the packaging and that most of the slack fill is therefore simply deceptive.Article Type: Lawsuit