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[Washington Post]Tobacco Suit Lawyers to Try Same Against Soda Mfgrs.

Discussion in 'BBS Hangout: Debate & Discussion' started by Ottomaton, Dec 8, 2005.

  1. Ottomaton

    Ottomaton Member
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    This is just obscene.

    [Crazy Charlton Heston Voice]They can take away my soda when they pry it from my cold, dead fingers![/Crazy Charlton Heston Voice]


    Lawyers Ready Suit Over Soda
    Case Being Built Linking Obesity To Sale in Schools

    By Caroline E. Mayer

    Washington Post Staff Writer
    Friday, December 2, 2005; Page D02

    The fight against sugary soft drinks is beginning to foam over.

    A coalition of lawyers who have actively and successfully sued tobacco companies says it is close to filing a class-action lawsuit against soft-drink makers for selling sugared sodas in schools. The lawyers, who have been trying to develop a case against the soft-drink makers for more than two years, say a lawsuit could be filed within the next few weeks, probably in Massachusetts, which has one of the nation's most plaintiff-friendly consumer-protection laws.

    As news reports of the pending lawsuit proliferate, the beverage industry is shoring up its defenses. Yesterday, the American Beverage Association released a study that showed a 24 percent drop in purchases of full-calorie carbonated soft drinks at schools from 2002 to 2004. In 2004, the study showed, high-schoolers drank the equivalent of one 12-ounce can of such soda a week, while younger students drank less.

    The reduction in soft-drink consumption in schools "started long before there were trial lawyers looking for an industry to sue," said Susan Neely, president of the beverage association. "Litigation isn't the answer to a complex social problem like childhood obesity," she added.

    The beverage association's study showing the decline "reflects the overall trend of the industry," said John Sicher, editor and publisher of Beverage Digest. "Carbonated soft drinks are down across the board; water and sports-drink consumption is up."

    Leading the litigation effort is Richard A. Daynard, an associate dean at Northeastern University School of Law in Boston, who is also president of the Tobacco Control Resource Center and chairman of the Tobacco Products Liability Project, both of which have provided legal support to attorneys suing tobacco companies. Daynard was involved in many of the state cases against the tobacco firms that led to the landmark $246 billion settlement in 1998.

    Joining Daynard is Stephen A. Sheller, a Philadelphia lawyer who came up with the legal theory that tobacco firms deceived consumers into thinking their low-tar and -nicotine cigarettes were safer to smoke than regular cigarettes. That theory helped lead to a $10 billion consumer-fraud verdict against Philip Morris USA in an Illinois state court two years ago, which is under appeal.

    Also involved in the prospective lawsuit is the Center for Science in the Public Interest, a consumer advocacy group that has aggressively pressed for more explicit food labels and less fat and sodium in all kinds of food. Earlier this year, the group called for federally mandated health warnings similar to those on cigarettes.

    "The idea is to get soda machines out of schools because they are clearly making a substantial contribution to the obesity epidemic," Daynard said yesterday in an interview. "This is an unfair practice under state consumer-protection laws," he said. The suit's legal basis will be tied to the concept of "attractive nuisance: If somebody has something on his land like a swimming pool that he knows is attractive to kids and dangerous, then he has some obligation to keep the kids away from it," Daynard said. "You want to keep kids away from dangerous objects, and a soda machine is demonstrated to be a dangerous object for kids."

    Daynard said that while the legal theory is ready, the challenge is finding the right set of parents to sign on as plaintiffs for the class-action case. "It's taking us longer than we expected," he said.

    Victor E. Schwartz, a Washington lawyer who has advised many major companies on product-liability policies, said the case "would require a radical modification of traditional liability laws with an expansion of statutory consumer-protection claims." However, he noted, Massachusetts is one of the few states in the country where plaintiffs do not have to demonstrate actual damage in a consumer-protection case -- just that a violation occurred.

    The lawsuit is just part of an ongoing campaign to get soda machines out of schools. At the urging of parents, many public school systems have already imposed restrictions, including Montgomery, Fairfax and Arlington counties and the District. In September, California enacted a law banning soft drinks in all state public schools.

    That ban went further than the beverage association's voluntary industry guidelines, announced in August, which seek to limit soft-drink sales to no more than 50 percent of a high school vending machine's options.
     
  2. Deckard

    Deckard Blade Runner
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    Ludicrous. This sort of thing makes plaintiff lawyers look bad, and the vast majority of them have nothing to do with class action suits, and work hard for their deserving clients.


    Keep D&D Civil.
     
  3. R0ckets03

    R0ckets03 Member

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    Somebody should sue these lawyers.
     
  4. No Worries

    No Worries Member

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    All this prOn on the internet is driving me batty!!! Who do I get to sue?
     
  5. MR. MEOWGI

    MR. MEOWGI Contributing Member

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    It's not just the soda, it's the corn (sryup) that's in everything.
     
  6. Bullard4Life

    Bullard4Life Member

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    ding! ding! ding! Cut our corn subsidies and you won't have it everywhere.
     
  7. thegary

    thegary Member

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    i'm all for it. smoking cigarettes is unhealthy but a choice made by adults. drinking sodas is nasty and unhealthy. why encourage children to have bad taste and bad health. seems like a no-brainer to me.
     
  8. GladiatoRowdy

    GladiatoRowdy Member

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    I drank sodas when I was in high school and, while I am not exactly slim at 6' and 205, I am not exactly a butterball either. In addition, I consume around a case of soda a week and have never been described as "obese."

    Seems like a good time for a lawyer joke (not directed at you, Max).

    Why don't sharks eat lawyers???


























    Professional courtesy.
     
  9. thegary

    thegary Member

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    as studly as i'm sure you are, you'd be much better off without the empty calories. since soft drinks don't have any nutrients they block vitamins and minerals that your body could use. try weening yourself off them with other drinks, like pomegranite and seltzer, my current favorite. i bet you'd find that as you switched to putting more natural things in your body, you will eventually be disgusted with the taste and the general idea of drinking these little canned poisons.
     
  10. Deckard

    Deckard Blade Runner
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    Whether or not sodas are bad for you, and I think they are, as I take a sip from my Diet Coke, it's absurd to sue the companies over this. I'm all for personal freedoms, and there are more than a few under threat. I watch what my kids consume. Neither one likes soda, real or diet, and it's because we never let them have any growing up. When they are old enough to make their own choices, then they can choose to drink them, or not. I'll still give them more than my 2 cents. ;)

    The cigarette companies actively covered up just how bad cigarettes are for you, so they got what they deserved. If the soda companies are actively covering up similar info, then that's another story.



    Keep D&D Civil.
     
  11. No Worries

    No Worries Member

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    Are sodas chemically addictive?
     
  12. thegary

    thegary Member

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    that's fine deck, i just don't mind them making them unavailable at schools. why implicitly educate children that sodas are okay?
     
  13. real_egal

    real_egal Member

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    Absolutely. It's really scary that the way we try to correct our wrong doings is to sue someone else. I know sodas are bad for me, but I can't help reaching for them every now and then, as for other unhealthy food, then I will just hit the gym and take vitamins to balance it out. I still have reserve about the major suits against tabacco companies, because every smoker was harmed and not all of them were compensated, especially those ones in third world countries, where those same branded cigarettes were even less filtered. This whole thing makes the suit just unreasonable at all. The government didn't force them to put up a sign about its harm back then, shouldn't they be suing the government instead? They did cover up, therefore they shared some blame, and I have reserve to those suits, not strongly against it. However, which company didn't cover up? We can only look at history events in the perspective of the history. Lots of chemical factories poluted the environment terribly according to current standard, are we going to sue all of them? Because they did affect our health, or our parents'.

    People should decide for themselves what's good or bad for them. In fact, everything enjoyable in life is somehow harmful to us. We should only be drinking water and eating apples.
     
  14. GladiatoRowdy

    GladiatoRowdy Member

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    I never claimed to be "studly" (if we have a pickup game this December, my lack of studliness will be confirmed for all) and I know they are empty calories.

    I don't like coffee, but I love caffeine and as such, sodas will remain in my diet.
     
  15. thegary

    thegary Member

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    i'm just ****ing with you andy. as i said in my last post, i'm really just for taking them out of schools, i don't like those litigious selachimorphas any more than you do
     
  16. GladiatoRowdy

    GladiatoRowdy Member

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    I figured you were yanking my chain, but decided to answer anyway.
     
  17. Deckard

    Deckard Blade Runner
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    Oh, I agree with keeping them out of schools. For sure. Kids get exposed to enough crap already. I'm raising two good, liberal Democrats. They know that sodas are bad, the President is a fool, his party is run by extremists, racism is evil, the Governor is corrupt, it was wrong to invade Iraq, France has superb food... golly, I may have forgotten something. I hope not!



    Keep D&D Civil.
     
  18. IROC it

    IROC it Member

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    When laden with caffiene? Yes!

    And the withdrawal can be just as painful as one from a narcotic according to some reports (which I'm sure you could google up). Caffiene did replace actual cocaine in early Coca-Cola, btw.

    Also, most beef has 21 different hormones/chemical growth enhancers in it which is thought to be addictive.

    Sue the golden arches!








    Again! :rolleyes:
     
  19. KingCheetah

    KingCheetah Atomic Playboy
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    Sodas today have Bin Laden with too much caffeine.
     
  20. heymak

    heymak Member

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    I don't agree with the law suit but I do support the removal of soda and juice machines from school. Someone mentioned it earlier but ,check the content of the so called fruit juices and you might just as well be drinking MRS Butterworths pancake syrup.
     

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