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California Business and Professions Code Section 12606

Legal Research Home > California Laws > Business and Professions Code > California Business and Professions Code Section 12606

12606.  (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.
   (2) The requirements of machines used for enclosing the contents
of the package.
   (3) Unavoidable product settling during shipping and handling.
   (4) The need to utilize a larger than required package or
container to provide adequate space for the legible presentation of
mandatory and necessary labeling information, such as those based on
the regulations adopted by the United States Food and Drug
Administration or state or federal agencies under federal or state
law, laws or regulations adopted by foreign governments, or under an
industrywide voluntary labeling program.
   (5) The fact that the product consists of a commodity that is
packaged in a decorative or representational container where the
container is part of the presentation of the product and has value
that is both significant in proportion to the value of the product
and independent of its function to hold the product, such as a gift
combined with a container that is intended for further use after the
product is consumed, or durable commemorative or promotional
packages.
   (6) An inability to increase the level of fill or to further
reduce the size of the package, such as where some minimum package
size is necessary to accommodate required labeling, discourage
pilfering, facilitate handling, or accommodate tamper-resistant
devices.
   (7) The product container bears a reasonable relationship to the
actual amount of product contained inside, and the dimensions of the
actual product container, the product, or the amount of product
therein is visible to the consumer at the point of sale, or where
obvious secondary use packaging is involved.
   (8) The dimensions of the product or immediate product container
are visible through the exterior packaging, or where the actual size
of the product or immediate product container is clearly and
conspicuously depicted on any side of the exterior packaging
excluding the bottom, accompanied by a clear and conspicuous
disclosure that the representation is the "actual size" of the
product or the immediate product container.
   (9) The presence of any headspace within an immediate product
container necessary to facilitate the mixing, adding, shaking, or
dispensing of liquids or powders by consumers prior to use.
   (10) The exterior packaging contains a product delivery or dosing
device if the device is visible, or a clear and conspicuous depiction
of the device appears on the exterior packaging, or it is readily
apparent from the conspicuous exterior disclosures or the nature and
name of the product that a delivery or dosing device is contained in
the package.
   (11) The exterior packaging or immediate product container is a
kit that consists of a system, or multiple components, designed to
produce a particular result that is not dependent upon the quantity
of the contents, if the purpose of the kit is clearly and
conspicuously disclosed on the exterior packaging.
   (12) The exterior packaging of the product is routinely displayed
using tester units or demonstrations to consumers in retail stores,
so that customers can see the actual, immediate container of the
product being sold, or a depiction of the actual size thereof prior
to purchase.
   (13) The exterior packaging consists of single or multiunit
presentation boxes of holiday or gift packages if the purchaser can
adequately determine the quantity and sizes of the immediate product
container at the point of sale.
   (14) The exterior packaging is for a combination of one purchased
product, together with a free sample or gift, wherein the exterior
packaging is necessarily larger than it would otherwise be due to the
inclusion of the sample or gift, if the presence of both products
and the quantity of each product are clearly and conspicuously
disclosed on the exterior packaging.
   (15) The exterior packaging or immediate product container
encloses computer hardware or software designed to serve a particular
computer function, if the particular computer function to be
performed by the computer hardware or software is clearly and
conspicuously disclosed on the exterior packaging.
   (c) Slack fill in a package shall not be used as grounds to allege
a violation of this section based solely on its presence unless it
is nonfunctional slack fill.
   (d) Any sealer may seize a container that facilitates the
perpetration of deception or fraud and the contents of the container.
By order of the superior court of the county within which a
violation of this section occurs, the containers seized shall be
condemned and destroyed or released upon conditions the court may
impose to insure against their use in violation of this chapter. The
contents of any condemned container shall be returned to the owner
thereof if the owner furnishes proper facilities for the return. A
proceeding under this section is a limited civil case if the value of
the property in controversy is less than or equal to the maximum
amount in controversy for a limited civil case under Section 85 of
the Code of Civil Procedure.

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Last modified: March 17, 2014