Autumn McClain  |  March 28, 2020

Category: Food

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The empty space in packaging is often used to protect the product within, but it is occasionally used to mislead consumers. Known as slack fill, this empty space is regulated by the government to ensure manufacturers don’t take advantage of consumers.

Unfortunately, some companies may include non-functional slack fill in their packaging. Plaintiffs in a class action lawsuit allege that Kodiak Cakes LLC. (Kodiak) is one of these companies.

Slack Fill Definition

According to the U.S. Food and Drug Administration (FDA), slack fill is “the difference between the actual capacity of a container and the volume of product contained therein” in an opaque package. Put simply, slack-fill is the empty space in a package that you can’t see until the package is opened. If the package has a transparent window that allows the consumer to see the amount of slack fill, that slack fill would not be classified as misleading. According to the FDA, labeling statements aren’t enough to inform customers of non-functional slack fill.

Opening a container to see it partially empty can be frustrating, but that empty space often serves a purpose. Sometimes slack fill is used to protect the contents of the package or it’s needed by the machine used for packaging. It may also be caused by the product settling during shipment.

What Are the Slack Fill Regulations?

Slack fill regulations are meant to protect consumers from being sold misleading goods. Slack fill may be misleading even if a company doesn’t intend it to be. The FDA allows slack fill to be used for a functional purpose. While the regulatory agency has the authority to enforce misleading container rules, most slack fill actions are brought through private enforcement via lawsuits. In fact, according to the American Herbal Products Association (AHPA), the FDA has never sent a warning letter to any producers regarding a violation of the slack fill regulations.

Kodiak Cakes Slack Fill: Functional or Not?

Lawsuits brought against Kodiak rest on whether or not the slack fill in its packaging is functional or non-functional. These lawsuits allege that Kodiak’s packaging for waffle, flapjack, and baking mixes conceals the actual amount of mix in the package. A class action complaint brought against the company in Decemebr alleges that Kodiak was following a “misleading practice of filling less than half of the opaque box” with mix. The plaintiffs allege that this empty space is non-functional slack fill.

The Kodiak class action provides seven reasons why the slack fill in Kodiak packaging is non-functional: powdered mixes don’t need slack fill protection; the slack fill isn’t required by the packaging machinery; the slack fill isn’t the result of settling during transport; the size of the package isn’t necessary for mandatory labeling; the packaging isn’t meant to prevent theft; the slack fill in the package isn’t necessary for the preparation of the product; there is no reason approved under California’s Fair Packaging and Labeling Act for the slack fill in Kodiak’s packaging.

Plaintiffs also allege that Kodiak used misleading labeling practices to sell its products. Allegedly, Kodiak falsely claimed its mixes were “all-natural, healthy, and protein-packed.” The plaintiffs argue that the claims were meant to persuade consumers to purchase Kodiak’s products and that if the consumers had known these claims were false, they may not have bought them.

How to File a Slack Fill Lawsuit

If you purchased a Kodiak product only to discover a half empty package, you may be eligible to join a class action slack fill lawsuit. According to AHPA, state slack fill laws that aren’t identical to the federal regulations can’t be enforced, but these state laws can be used to sue companies who use misleading slack fill that doesn’t meet the federal requirements for enforcment. Slack fill litigation brought against companies in California, New York, and Washington DC used “state consumer protection and unfair and deceptive acts and practices (UDAP) statutes” as well as claims of misrepresentation and fraud.

Join a Free Kodiak Cakes Class Action Lawsuit Investigation

If you purchased Kodiak Cakes baking mixes and found the boxes to be only half full or were deceived by the products’ marketing claims, you may qualify to join a FREE Kodiak Cakes class action lawsuit investigation.

Join Here

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29 thoughts onDid Your Kodiak Cakes Product Have Non Functional Slack Fill?

  1. Cynthia Betts says:

    I buy this product and this is definitely disappointing. Please add me to your list

  2. Donna Ianniello says:

    Add me

  3. Felicia R Reddick says:

    add me in

  4. gwendolyn saddler says:

    add me

  5. Aimee Villarreal says:

    this product is expensive as is and for it to not be filled to what it’s worth is disappointing. add me.

  6. Dedrain F says:

    Please add new to the class action.

  7. Candace Morgan says:

    Please add me I have purchased Kodiak Cakes baking mixes and found the boxes to be only half full or were deceived by the products’ marketing claims, 

  8. Susan King says:

    It’s expensive and disappointing! Add me

  9. pat ewing says:

    please add me

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