In Brief: California slack fill bill
This article was originally published in The Rose Sheet
Executive Summary
California slack fill bill: AB 1394 signed into law by Governor Pete Wilson (R) Oct. 6. The bill amends the Fair Packaging and 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 when nonfunctional slack fill is used to prevent pilfering, the exterior package is a system kit or when the product is part of a holiday 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 Cosmetic, Toiletry and Fragrance Association and Nonprescription Drug Manufacturers Association's voluntary slack fill guidelines, which the groups developed with the California Attorney General's office in 1988. AB 1394 was introduced by Liz Figueroa (D-District 20) Feb. 28 and submitted to the governor Sept. 24...