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Size does matter, says judge
July 6, 2015
By: TOM BRANNA
Editor
When you’re a fat kid, there’s nothing fun about “fun-size” candy bars. Back in the early '70s, I would quietly, okay not so quietly, curse the homeowners and by default, the manufacturers, who had the nerve to hand out and try to pass off as “fun size” all those tiny Snickers, Milky Ways and Almond Joys on Halloween. I know, I know, the last thing that a boy sporting Sears' “Huskies” underneath his Spiderman costume needs is more calories, but I felt entitled. Today, I think I could find a judge who would agree with me. A civil lawsuit alleged that P&G's Olay packaging violated California’s slack fill law, (which covers) the use of oversized packaging to make the product seem larger than it actually is, according to a Riverside District attorney who filed the lawsuit along with other prosecutors who claimed consumers could be misled. While it agreed to change its packaging, P&G didn’t admit wrongdoing. The company also agreed to pay $850,000 in civil penalties and legal costs to settle the case filed in California’s Yolo County Superior Court on behalf of consumers in four counties. The total includes $194,000 in civil penalties and $12,000 for costs associated with the case that P&G is to pay to each of the district attorney offices in Yolo, Riverside, Shasta and Fresno counties. Just goes to show you that these days, everyone, everywhere is scrutinizing FMCG products and the companies behind them. To stay ahead of product claims, be sure to attend Happi’s Anti-Aging Conference & Tabletop Exhibition in September. It’ll include a regulatory session featuring experts from FDA, FTC and more. You can learn more about the event at: http://conference.happi.com/ And while regulators may not be able to get “fun size” off of those miserable little candy bars any time soon, understanding the ins and outs of packaging can make the entire process a lot sweeter for formulators and executives at FMCG companies.
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