Saturday, January 03, 2004

 

Something to Chew On

I'm sure everyone knows about the lawsuits brought against members of the fast food industry claiming what they sell makes consumers fat.

The Milwaukee Journal Sentinel says: Some lawyers have criticized the so-called "fat suits," saying that the cases against fatty foods and cigarettes are vastly different.

"To suggest that hamburgers, french fries and junk food are a basis for lawsuits is stretching the law to the breaking point," says Robert Habush, former president of the Association of Trial Lawyers of America and the lawyer whose firm led Wisconsin's lawsuit against the tobacco industry.

"If children are getting obese, it's their parents' fault. If people want to stuff their faces, it's their fault."

I agree and, until yesterday, I thought those types of lawsuits were the epitome of frivolity. Then I heard about another lawsuit against Frito-Lay, the maker of Doritos.

Charles Grady isn't claiming Doritos made him fat. He's claiming his throat was damaged because of the rigid texture and triangular shape of the chips.

He filed the suit in 1995 but it has yet to be resolved. Just this past Thursday, the Pennsylvania Supreme Court, upholding a lower court's ruling, said Grady can't use a retired University of Pittsburgh chemistry professor's work as evidence. The study, which the court said doesn't qualify as evidence, apparently showed how much force and saliva was needed to break up the chips so they could be safely swallowed. The professor, Charles Beroes, concluded the chips were too hard and sharp to be swallowed safely.

I think all the legal wranglings of the last nine years could have been avoided had the plantiff been asked one simple question: Mr. Grady, is there a reason you didn't chew the Dorito before swallowng?

posted by Anne 1/03/2004 04:48:00 AM