Unfair and Deceptive Acts and Practices: 5.4.5 Product Quantity and Size; Packaging
It is deceptive to misrepresent—through advertising, labels, other claims, use of oversized containers, slack fill, or use of substandard containers—a product’s volume, weight, size, or the number of units sold.198 The Seventh Circuit held, however, that a seller did not violate the Illinois or Missouri UDAP statute by selling eye drops in larger doses than a patient needed, resulting in some waste of the product, despite the patients’ allegations that the result was an unnecessarily high price.199