Class action targeting non-functional slack-fill, also known as empty space, in Annie’s Fruit Snacks, dismissed. There were no allegations that the packaging was deceptive with regard to the weight of the snacks – and thus the slack-fill was not materially misleading.
Media coverage of original complaint in Klausner v Annies here.
Background on slack-fill here.
Truth in advertising class-action tracker.
Text of Klausner v Annie’s: sdny kausner v annies slack fill gbl 349