DTO Secures Complete Dismissal of Slack-Fill Class Action Against Global Food Manufacturer

DTO Law recently secured a decisive victory defending a global food manufacturer in a consumer class action alleging deceptive packaging practices. The lawsuit claimed that certain baking mix products contained up to 50% non-functional slack-fill—empty space within food packaging that does not serve an FDA-approved purpose—misleading consumers about the amount of product they were purchasing.

The plaintiff, a California resident, brought the case under California’s Consumers Legal Remedies Act and common law fraud on behalf of a proposed class of California consumers. The lawsuit sought damages and injunctive relief, specifically demanding a fill line be placed on the packaging.

On March 21, 2025, Judge Wu in the Central District of California issued a tentative ruling granting DTO’s motion to dismiss. The court agreed with DTO’s argument that the packaging clearly disclosed the product’s quantity, including a yield chart indicating the number of baked items each package would produce. The court held that, for products like baking mixes, these yield approximations were sufficient to inform consumers about product quantity and defeated the plaintiff’s slack-fill claims as a matter of law.

At the motion hearing, the plaintiff effectively conceded that no new claims or facts could be pleaded and dismissed the case the same day. DTO’s complete victory is especially noteworthy given that Plaintiff’s counsel, who are prolific filers of consumer class actions, had successfully defeated motions to dismiss in three consecutive slack-fill cases in the Central District of California over the past year.

DTO’s legal team was led by partner Megan O’Neill and associate Richard Lee.