




|
RECENT ARTICLE
by Eric F. Greenberg
Slack fill complaint leads to empty feeling
Eric F. Greenberg, Attorney-at-Law
Consumer group the Center for Science in the Public Interest has asked the Food and Drug Adminstration and many U.S. states to suppress a problem the group’s head calls “commonplace.” It says “slack fill” in food packaging is cheating consumers.
As explained below, empty space in a package, or slack fill, is not a problem for regulators unless it is nonfunctional, and, as most packaging professionals know, there certainly are a lot of important functions that slack fill might serve.
It’s not really clear that this problem is big or getting bigger, and moreover, this is an odd time to complain about packaging being excessive.
|

 |
Eric F. Greenberg, P.C.
Suite 3500
70 W. Madison Street
Chicago, IL 60602-4224
Phone: 312-977-4647
Fax: 312-977-4405
e-mail: greenberg@efg-law.com
|
|

 |
Publications
Books
Developing New Food Products for a Changing Marketplace, 2000, edited by Aaron L. Brody, Ph.D., C.P.P. and John B. Lord, Ph.D. Contributing author, Chapter 18, Public Policy Issues.
Guide to Packaging Law: A Primer for Packaging Professionals, 1996, Institute of Packaging Professionals, Herndon, Virginia.
The first reference book about law for those in the packaging business. It is designed for those in packaging whose job requires them to understand the legal and regulatory requirements and changes that affect their business, including senior management, engineers, designers, product development personnel, regulatory personnel, consultants and plant managers. The book contains several resources, including:
- An analysis of what packaging law consists of, how to keep track of changes in laws and regulations, and other topics;
- Discussions of the most important legal terminology, written in lay language with practical application in mind. Cross references are made to relevant laws and regulations for further study;
- Discussions of the functions of the most important federal government bodies; and
- Useful lists of relevant laws and regulations and packaging-related organizations.
Packaging World Magazine
|
08/02
|
Patent holders get help
|
|
07/02
|
New bioterror law boosts FDA's power
|
|
06/02
|
Standardized over-the-counter labels are not all-over-the-map
|
|
05/02
|
Today's joke might be tomorrow's law
|
|
04/02
|
Tampering threats inspire packaging innovations
|
|
03/02
|
HACCP here, and growing in several directions
|
|
02/02
|
Food security guidances add weapons to anti-terror arsenal
|
|
01/02
|
Happy New Year for FDA
|
|
12/01
|
Counterfeiting of drugs is just one side of product security
|
|
11/01
|
Food safety in a new America
|
|
10/01
|
Labels and the public's trust
|
|
09/01
|
Some want more food ingredient information on labels
|
|
08/01
|
Do we need a single federal agency for food safety?
|
|
07/01
|
Food allergies trigger voluntary industry action
|
|
06/01
|
Packaging as antidote to medication errors
|
|
05/01
|
Product liability prospects
|
|
04/01
|
When labels speak (freely), people listen
|
|
03/01
|
New administration: what's next?
|
|
02/01
|
Biotech and organic rules related
|
|
01/01
|
December brings drug labeling developments, prescription and OTC
|
|
12/00
|
OSHA targets injuries with headache
|
|
11/00
|
Irradiation a material issue
|
|
10/00
|
Machinery guidance is designed to increase safety, decrease liability
|
|
09/00
|
Courts sorting tough drug vs. supplement issues
|
|
08/00
|
Food packaging developments on the label and in the material
|
|
07/00
|
Meat and poultry scene a hotbed of legal changes
|
|
06/00
|
Bioengineered foods: breeding controversy
|
|
05/00
|
New case means product knock-offs harder to stop
|
|
04/00
|
FDA enforcement data, and hints of new approach
|
|
03/00
|
Early warning on extended producer policies
|
|
02/00
|
Label this dietary supplement rule "controversial"
|
|
01/00
|
Food contact substances get new approval program
|
|
12/99
|
Packaging law developments at the end of the you-know-what
|
|
10/99
|
Measuring value: a crucial corporate chore
|
|
09/99
|
More free speech for off-label uses
|
|
08/99
|
Heat on modernization, irradiation
|
|
07/99
|
Food packaging changes part of revolutionary trend
|
|
06/99
|
Understanding - and avoiding - a swirl of liability
|
|
05/99
|
Why packaging laws really matter
|
|
04/99
|
OTC drug labeling rules will change packages
|
|
03/99
|
Air can hurt you, too
|
|
02/99
|
FDA's enforcement scorecard
|
|
01/99
|
Solid waste rushes in
|
|
12/98
|
Year-end legal topic-o-rama
|
|
11/98
|
Solid waste: the once & future issue
|
|
10/98
|
The tale of possible "endocrine disruptors" may just be beginning
|
|
09/98
|
Drug compliance still a problem packaging can address
|
|
08/98
|
Ranting about EDF's "labeling"
|
|
07/98
|
EAS keeps an eye on packages
|
|
06/98
|
Green guides still blooming
|
|
05/98
|
New climate for irradiationand packaging, too
|
|
04/98
|
Preemption as a useful device
|
|
03/98
|
Feds watching feds on behalf of small business
|
|
02/98
|
A cautionary tale of law for "responsible" corporate officials
|
|
01/98
|
Ninety-eight topics for '98
|
|
12/97
|
FDA reform in time for the holidays
|
|
11/97
|
Dietary supplement labeling rules a further step to the frontier
|
|
10/97
|
Flow controls throw out packaging freedom
|
|
09/97
|
Milk study draws attention to packaging
|
|
08/97
|
FDA reform back on the barbecue
|
|
07/97
|
U.S. environment quiet for packagersfor now
|
|
06/97
|
It's springtime, and the GRAS is growing
|
|
05/97
|
WARNING
|
|
04/97
|
OTC drug labeling format proposals are helpful but inflexible
|
|
03/97
|
Air pollution controls could get tougher for package printers
|
|
02/97
|
Target adjustment in lawsuit reform: Over-litigation
|
|
01/97
|
FDA at crossroads with Kessler departure
|
|
12/96
|
A year-end review of January '96 predictions
|
|
11/96
|
Minor environmental revisions: Music to packagers' ears?
|
|
10/96
|
Packaging law" emerges from obscurity
|
|
9/96
|
When N.Y. Times recycles old information, packaging wins
|
|
7/96
|
Are food label changes healthy?
|
|
6/96
|
Congress wants FDA reform: OK, now's the time to make a decision
|
|
5/96
|
Can you (anti)trust a packaging columnist?
|
|
4/96
|
Beer label complaints brewing
|
|
3/96
|
ISO 14000 to change business environment
|
|
2/96
|
FDA to loosen grip on food claims
|
|
1/96
|
FDA says it's changed its ways, but some still not convinced
|
|
12/95
|
Just your standard issue
|
|
11/95
|
The exchange of recyclables grows up
|
|
10/95
|
Packages meet shrinkage challenge
|
|
9/95
|
FDA carries packaging across threshold
|
|
8/95
|
A peek into the possible future of OTC labeling
|
|
7/95
|
Pack taxes in all shapes and sizes
|
|
6/95
|
New shades of trademarking
|
|
5/95
|
Mirth or dearth on Earth Day birthday?
|
|
4/95
|
Good intentions that got lost in translation
|
|
3/95
|
Of contracts, regulations, and the future
|
|
2/95
|
Packaging borders on the international
|
|
1/95
|
Packages now have alternate route to trucking qualification
|
|
12/94
|
Analyzing trade dress doctrine
|
|
11/94
|
Environmental claims perils continue
|
|
10/94
|
Machinery must earn EU's stamp of approval
|
|
9/94
|
Safety and packaging are in-laws
|
|
8/94
|
Regulators playing whole new ballgame
|
|
7/94
|
Plastics makers chasing arrows and cooperation
|
|
6/94
|
Patent decision panics packagers
|
|
5/94
|
The states of the environment
|
|
4/94
|
Label clashes are heavyweight bouts
|
|
3/94
|
It's a small world after all
|
|
2/04
|
FDA takes daily supplements of controversy
|
|
1/94
|
Has the FDA really been revitalized?
|
|
12/93
|
FDA at threshold of new approval approach
|
|
11/93
|
Beware of unAmerican foreign ideas
|
|
10/93
|
USDA turns up heat on meat labeling
|
|
9/93
|
Drug packaging spurs regulatory, industry action
|
|
8/93
|
West Coasting through enviro-issues
|
|
7/93
|
Supermarkets carry assortment of legal issues
|
|
6/93
|
Revered and reviled, plastics continue environmental battle
|
|
5/93
|
When does competition cross the line?
|
|
4/93
|
ISO 9000 ISO What?
|
|
3/93
|
A few observations on the first 30 days
|
|
2/93
|
'93 view of EC '92 isn't 20/20
|
|
1/93
|
End of the beginning for food label changes
|
|
12/92
|
For packagers, what comes 'afta' NAFTA
|
|
11/92
|
Environmental laws: Options won't be very optional
|
|
9/92
|
FTC guidelines promise greener - but 'cleaner' landscape
|
|
9/92
|
When it comes to packaging laws: Predictions are precarious
|
|
8/92
|
Legal update on drug packaging
|
|
6/92
|
FDA issues guidelines on using recycled plastic for food packages
|
|
5/92
|
Corrugated industry still edgy over ECT
|
|
4/92
|
From Maine to California: It's packagers' day in court
|
|
3/92
|
Bush tries new attack on regulatory monster
|
|
2/92
|
EC '92 where are you?
|
|
1/92
|
Food label proposals weigh in on packagers
|
|
12/91
|
Drug verdict raises costly questions of labeling and law
|
|
11/91
|
Life cycle assessment: Big picture or big headache?
|
|
10/91
|
Recycled, fine. But for packaging food, yikes!
|
|
9/91
|
Environmental claims get federal attention
|
|
8/91
|
Summer thoughts on recycling, reform, rearmament
|
|
7/91
|
Tylenol trial-that-wasn't still sends messages
|
|
6/91
|
Accounting for package design costs: Which way to go?
|
|
5/91
|
Not all consumers are created equal
|
|
4/91
|
Quartet of quandaries: An update
|
|
3/91
|
Are packages telling 'little green lies'?
|
|
2/91
|
More exalted status for FDA?
|
|
1/91
|
Some uneven chinks in food labeling 'uniformity'
|
|
11/90
|
To overlook this deadline could be hazardous
|
|
10/90
|
Four developments to keep an eye on
|
|
9/90
|
Packagers face 'new' kids on legal block
|
|
9/90
|
Food labels caught in tug of war
|
|
8/90
|
What it says, not what it does
|
|
7/90
|
Food technology rules to target microbes, limit packaging
|
|
6/90
|
Chasing arrows chase plastics recycling uniformity
|
|
5/90
|
FDA enforcement diagnosis
|
|
4/90
|
Look! Up in the sky! It's legislative change!
|
|
3/90
|
EC '92 harmony could be atonal
|
|
2/90
|
When the news isn't good: Some advice
|
|
1/90
|
No rest for the weary food packager
|
|
11/89
|
Food labels to get an overhaul
|
|
9/89
|
Strong winds from the West
|
|
7/89
|
Twin cities law: On solid ground or shaky landfill?
|
|
5/89
|
Food irradiation: Legal but unloved
|
|
3/89
|
EPA's Agenda for Action means business
|
|
1/89
|
Refrigerated foods: Handle with care
|
Other Publications
|
2000
|
"Food for thought? Sorting out consumer products," Chicago Daily Law Bulletin, March 29, 2000
|
|
1999
|
"Are Dietary Supplements a Food, Drug or Drag?" The National Law Journal, March 15, 1999
|
|
1998
|
"New FDA commissioner may be what doctor ordered," Chicago Daily Law Bulletin, November 11, 1998
|
|
|
"FDA adrift without commissioner at agency's helm," Chicago Daily Law Bulletin, February 27, 1998.
|
|
1997
|
"Proposed over-the-counter drug labeling changes - promising clearer labels," with V. Henry, D. Weinstock, Food, Drug, Cosmetic and Medical Device Law Digest (New York State Bar Association), May 1997.
|
|
1996
|
"Proposals to reform FDA," Food, Drug, Cosmetic and Medical Device Law Digest (New York State Bar Association), September 1996.
|
|
1994
|
"Non-functional slack-fill gets defined," Food, Drug, Cosmetic and Medical Device Law Digest (New York State Bar Association), July 1994.
|
|
1993
|
Contributor, Product Tampering: A Worldwide Problem, Foundation for American Communications.
|
|
1992
|
"Laws affecting packaging: An overview," Food, Drug, Cosmetic and Medical Device Law Digest (New York State Bar Association), May 1992.
|
|
1991
|
"Changing times at FDA," Manufacturing Chemist, November 1991.
|
|
|
"Following the Food and Drug Administration in Transition," Chicago Daily Law Bulletin, June 18, 1991.
|
|
|
"Green issues are ripe: The regulation of environmental marketing claims," 3 Loyola Consumer Law Reporter 80, 1991.
|
|
1990
|
"The changing food label: The Nutrition Labeling and Education Act of 1990", 3 Loyola Consumer Law Reporter 10, 1990.
|
|
 |
|



|