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In Brief: California slack fill bill

This article was originally published in The Tan Sheet

Executive Summary

California slack fill bill: AB 1394, signed into law by Governor Pete Wilson (R), amends the state's Fair Packaging & Labeling Act to add 13 new "defenses," or "safe harbors," under which "nonfunctional slack fill," or excessive empty space in packaging, is acceptable. The new exemptions include cases in which nonfunctional slack fill is used to prevent pilfering, the exterior package is a system kit or when the product is part of a gift set. Previously, California law allowed nonfunctional slack fill in cases where the extra space protected the contents of the package or when requirements of packaging machines deemed it necessary. The bill codifies the Nonprescription Drug Manufacturers Association and Cosmetic, Toiletry & Fragrance Association's voluntary slack fill guidelines, which the groups developed with the California Attorney General's office in 1988...

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