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California: Home of the food lawsuit


Table of Contents:

  • California’s Northern District of California Food Court is a cash cow waiting to be milked and bilked.

From Businessweek: “In every competitive marketplace that’s ever existed, colorful and even exaggerated claims have been a largely harmless part of virtually every sales pitch,” says Darren McKinney, the association’s [ATRA] spokesman. The Food Court cases, he says, are the invention of plaintiffs’ attorneys who imply that their own clients “are imbeciles who can’t read the list of ingredients, which are right there on the label, along with the ‘all natural’ claims, or whatever the plaintiffs are all worked up about.”

What will the future hold as litigation plays out in the Food Court? Maybe the legal horizon isn’t so dark; a shred of hope from Bloomberg Law: “To date, the court has not shown itself to be an automated device, finely tuned for separating defendants from their money. Defendants have a number of tools to defend these cases, and plaintiffs’ counsel face a range of long term risks. As this wave of litigation matures, it will probably lose momentum as claims founder on lack of proof, lack of actual harm, and, inevitably, by shifting attention to other kinds of products.”

A shift to “other kinds of products?” Maybe there’s still room on the legal buffet for Cheeto dependence and Twinkie addiction after all.


*photo courtesy of Wikimedia Commons, Brian Turner


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