This case involves a defendant nutritional supplement manufacturer that produced a popular line of pre-workout products that was accused of intentionally packaging its products in large, opaque containers that contain approximately 30% empty space, otherwise known as “slack fill.” Plaintiffs purchased the products, expecting to receive a full container, however due to the food packaging practices employed by the manufacturer customers received substantially less product than expected. It was alleged that the defendant intentionally incorporated non-functional slack-fill in its packaging of the products in order to mislead consumers.
Question(s) For Expert Witness
- 1. Please briefly describe your familiarity with packaging and manufacturing, including measures taken to prevent slack fill.
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2. Can you review the manufacturing and packaging processes used in this case and apply the slack fill exceptions to opine on which were met / not met?
Expert Witness Response E-078070
I have engineered the filling and container sizing several granular products. Also, considerations in powder and granular filling was a topic in a packaging machinery course I used to teach for a major packaging industry trade association. I have used the supplements in question here and am familiar with its characteristic regarding package filling.
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