Six California district attorneys filed a complaint last month alleging that Ghirardelli and Russell Stover marketed some boxes and packages of chocolate that were “predominately empty” or that had large empty spaces or false sidewalls.
Readers of Mouse Print* know that this is called “slack fill” — nonfunctional empty space in an opaque product package. Manufacturers understand that consumers purchase products with their eyes. So if they can make the package look bigger, consumers will wrongly assume they are getting more product and thus more value for their money.
In the court case, the DAs alleged that some chocolate boxes had false bottoms, making the package look more filled than it really was.
*MOUSE PRINT:

Whitman’s Sampler Box with False Bottom
Another example is a bag of Ghirardelli chocolate squares that is full of air and not much chocolate:
*MOUSE PRINT:

The bag is seven inches high, but there is five inches of dead space inside.
The owner of both companies quickly entered into a settlement with the DAs and agreed to pay $750,000 in penalties and costs, and change some of their packaging practices.
Hats off to the California DAs who continue to publicly pursue weights and meassures violations for the benefit of everyone. More agencies around the country should step up and do the same.
And they can start with this one…


