Lawsuit: Too Much Empty Space in Rx Packages

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The extra space in bottles of Tylenol is about to give the drug maker Johnson & Johnson a legal headache.

Plaintiffs Janckell Fermin, Josefina Valdez, and Adriana Sousa have filed a class action lawsuit against Johnson & Johnson and McNeil-PPC, alleging that the Tylenol and six other acetaminophen products are packaged deceptively. They contend that this gives people the impression that the bottle contains more pills than are actually in the container.

The suit alleges that Johnson & Johnson use “non-functional slack fill” to mislead customers and “maximize the shelf presence” of the products compared to its competitors. They contend that this practice violates FDA regulations, and that it has made the companies millions of dollars they never would have made if the package were accurate.

The lawsuit seeks class status for anyone who purchased the Tylenol products, as well as more than $5 million in damages plus court costs.

No word on whether the plaintiffs are aware that the exact number of pills in each bottle is clearly printed on the front of the box and the bottle.

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