California Business and Professions Code

§ 12606

BPC § 12606 Effective Jan 1, 2019Div. 5 · Ch. 6

Statute text

(a)No container wherein commodities are packed shall have a false bottom, false sidewalls, false lid or covering, or be otherwise so constructed or filled, wholly or partially, as to facilitate the perpetration of deception or fraud.

(b)No container shall be made, formed, or filled as to be misleading. A container that does not allow the consumer to fully view its contents shall be considered to be filled as to be misleading if it contains nonfunctional slack fill. Slack fill is the difference between the actual capacity of a container and the volume of product contained therein. Nonfunctional slack fill is the empty space in a package that is filled to substantially less than its capacity for reasons other than any one or more of the following:

(1)Protection of the contents of the package.

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Legislative history

Amended by Stats. 2018, Ch. 544, Sec. 1. (AB 2632) Effective January 1, 2019.