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How Does Net Quantity Content Labeling Apply to Flexible Tube Packages?

April 15, 2008
Question 

In 16 CFR Part 500 it outlines the requirements for net quantity content labeling of product contained in a package. My question pertains to products that are contained in flexible tube type packages. For example, if the product labeling states the package contains 3 oz of product should the target fill level be 3 oz, or 3 oz plus an amount of product that the consumer cannot express from the tube? There is always some product that is contained in the tube head, or just below the head, that the consumer cannot get out of the tube. Does this small amount of product need to be accounted for? Is there any formal guidance available?

Answer 

The requirements in 16 Code of Federal Regulations (CFR) Part 500 are applicable to products in a flexible tubes. The target fill level should be the net quantity of contents listed on the package. However, the Fair Packaging and Labeling Act (FPLA) of 1967 prohibits unfair or deceptive packaging and labeling. This would prohibit filling the package so that it appears to have more product than is actually in the package.