If you were trying to turn this into law, I think the normal way would be to encode the principle into statute, and then delegate the rulemaking. For the law, you’d define it like:
The term “Net Extractable Quantity” means the weight or volume of a covered product that a consumer can reasonably be expected to extract from its original packaging during ordinary and customary use, without resorting to destructive, dilutive, or extraordinary measures.
Then you’d direct the FTC to make regulations defining standardized testing procedures. Things like, it should sit for 24hr, in the retail orientation, at room temperature / fridge temperature as the packaging specifies for storage after opening; pumps are to be operated with force X until the marginal depression puts out less than Y% of a serving; etc. We do this kind of rulemaking for many products, so I think it could be done here without too much cost.
If you were trying to turn this into law, I think the normal way would be to encode the principle into statute, and then delegate the rulemaking. For the law, you’d define it like:
Then you’d direct the FTC to make regulations defining standardized testing procedures. Things like, it should sit for 24hr, in the retail orientation, at room temperature / fridge temperature as the packaging specifies for storage after opening; pumps are to be operated with force X until the marginal depression puts out less than Y% of a serving; etc. We do this kind of rulemaking for many products, so I think it could be done here without too much cost.