Latest Slack Fill Class Action Lawsuit Eyes CVS’ Gold Emblem Red Fish Candy

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A proposed class action filed in New York takes issue with defendant CVS Pharmacy’s packaging of its Gold Emblem-brand red fish candy. In the 31-page complaint, the plaintiff claims CVS deceptively packages its version of Swedish Fish with excessive, unnecessary amounts of non-functional slack fill. The defendant’s red fish packaging effectively tricks consumers into paying for air, the plaintiff argues, alleging violations of consumer protection laws in all 50 states.

The lawsuit includes the below image, which compares the supposed fill levels of “Assorted Fish,” another candy, and the red fish at the subject of the plaintiff’s allegations.

“The Assorted Fish bag has the exact same dimensions as the Red Fish Bag,” the lawsuit reads. “The candy inside fills approximately 3.5 inches of the bag, leaving only about two inches of empty space at the top of the box, i.e. merely 36 percent slack-fill, significantly less than the 55 percent slack-fill in the Red Fish Product.”