JEFFERSON CITY – A proposed bill limiting lawsuits over allegations that consumers are tricked by product packaging that is not filled to the brim was discussed in the Senate government reform committee earlier in March.
Senate Bill 746 would limit slack-fill litigation, which disputes the empty space left intentionally in product packaging to avoid shipping and storage damage.
"In its basic form, this bill recognizes industry standards for packaging and institutes some level of common sense into the equation for who can sue over how many chips are in a bag or cereal that settled during shipment," Richard AuBuchon, executive director of Missouri Civil Justice Reform Coalition Inc., told the St. Louis Record.
Introduced by Sen. Eric Burlison (R-Republic) in January, the bill bans litigation against product packagers if the container complies with reasonable industry standards and protects the contents.
"Food manufacturers are the most affected," said AuBuchon. "Those food items in bulky containers that need more protection in shipment or those products that don’t flow into a package easily are the most likely to experience litigation."
Slack-fill lawsuits filed in the state are cluttering court resources and raising the cost of products because manufacturers are having to pay lawyers to defend themselves against such class-action lawsuits, according to a Missouri Chamber of Commerce statement.
"The legislation would give defenses to manufacturers for packaging that warrant dismissal if the package complied with the statute," AuBuchon said.
A food or merchandise container shall not be deemed to be made, formed, or filled as to be misleading, misbranded, or unfairly marketed if the container is filled to less than its capacity for reasons as outlined in SB 746, according to BillTrack50.
"The absurd nature of these cases forces companies to defend and the only ones who seem to benefit are the lawyers bringing the lawsuit," said AuBuchon. "This litigation drives up costs for consumers and just makes the products we buy every day that much more expensive."
The bill, however, faces the obstacle of Father Time and the COVID-19 pandemic. The Senate is expected to reconvene April 7 to discuss a supplemental budget for funding to combat the coronavirus.
"It could be done but there are many other bills on the calendar that the Senate would like to pass," AuBuchon said. "The Senate did spend a lot of time on asbestos reforms and ultimately passed a bill on punitive damages and Merchandising Practices Reform but there simply may not be enough time to get another big tort reform issue through the Senate."
Under the Missouri Merchandising Practices Act (MMPA), disgruntled consumers have been able to sue over the slack-fill in a bag of pretzels, for example.
"A chip designed to pick-up dip for parties would sure seem like a faulty product if it had to be ground to meal so it could be placed in a smaller package," AuBuchon said.