woman sues because Crunchberries aren't fruit.

[sassandgroove]

http://www.loweringthebar.net/2009/06/reasonable-consumer-would-know-crunchberries-are-not-real-judge-rules.html

On May 21, a judge of the U.S. District Court for the Eastern District of California dismissed a complaint filed by a woman who said she had purchased "Cap'n Crunch with Crunchberries" because she believed "crunchberries" were real fruit. The plaintiff, Janine Sugawara, alleged that she had only recently learned to her dismay that said "berries" were in fact simply brightly-colored cereal balls, and that although the product did contain some strawberry fruit concentrate, it was not otherwise redeemed by fruit. She sued, on behalf of herself and all similarly situated consumers who also apparently believed that there are fields somewhere in our land thronged by crunchberry bushes.

People calling 911 when there aren't mcnuggets. People sueing when crunch berries aren't fruit. What's next? I am glad the judge had the sense to throw this out.

[Perks]

You know, I'm in a Friday mood on a Thursday, so I'm finding this terribly funny.

Plus now I probably won't make it through the day without smacking someone.

[Lyv]

I think she should be jailed for suggesting crunchberries need to be "redeemed" by anything.

[Jersey Chick]

She thought they were fruit?????


**headdesk**

[Seaclusion]

I'm mad as hell.




I didn't think of suing them first.

Richard

[Jersey Chick]

I suppose Fruity Pebbles aren't really fruit either.


**kicks dog**

[sassandgroove]

If you read the whole article the judge pretty much calls her stupid in a round about way. I thought it was funny and sad at the same time. She is either stupid or has an over inflated sense of entitlement.

[Celia Cyanide]

You know, I'm in a Friday mood on a Thursday, so I'm finding this terribly funny.

I do, too. I always thought crunchberries were one of those "no reasonable person could believe" type things.

[backslashbaby]

:ROFL:

:roll:

:e2smack:

[Stew21]

maybe she'll sue her mother now for never teaching her that she should read ingredient and nutritional value labels when in the grocery store.

[Seaclusion]

I suppose Fruity Pebbles aren't really fruit either.
**


I'm suing. They aren't pebbles either.

Richard

[quickWit]

So...they aren't fruit, then?

[Perks]

Now what I want to know was if this woman had an attorney? It's fine to call her stupid (and probably right on) but if there's an attorney in this picture, then that asshole needs to go to jail.

And no, I'm not kidding. Free the pot-smokers and incarcerate the frivolous lawsuit jackasses.

[shawkins]

I liked the part about

The survival of the instant claim would require this Court to ignore all concepts of personal responsibility and common sense.

[Lyv]

If you read the whole article the judge pretty much calls her stupid in a round about way. I thought it was funny and sad at the same time. She is either stupid or has an over inflated sense of entitlement.
And it's wild that someone else tried the same thing with Froot Loops.

Just don't tell me my Count Chocula cereal isn't made of vampires.

[Williebee]

The attorney was the first thing that I thought of, too. Although, if everybody really does have the right to legal process, however fruitless......

:)

She sued, on behalf of herself and all similarly situated consumers who also apparently believed that there are fields somewhere in our land thronged by crunchberry bushes.

Does this mean she actually FOUND somebody else out there who was "similarly situated"? wtf?

[Cyia]

They could have always told her to plant one and wait the germination period 75 years in an environment of pure methane gas to see if it sprouted a tree. (Or course she'd have to move to Venus to see the farm...)

[Jersey Chick]

Wait!!! What about Frankenberries? Or Booberries?

WHAT IS WRONG WITH THIS WORLD???????


**kicks something**

[ChristineR]

Sounds like a joke. But actually, I'm on her side. If they call them berries, they should be held to the standard of berry-ness. Just because only really stupid people will believe you, it doesn't make it all right to lie.

[sassandgroove]

I'm inclined to agree Perks. I mean, they clog up the system for people who really need justice and they cost companies and other individuals money in legal fees to defend themselves.

[Fran]

Why doesn't she just eat actual fruit?

[Seaclusion]

She sued, on behalf of herself and all similarly situated consumers who also apparently believed that there are fields somewhere in our land thronged by crunchberry bushes.



Did you know you can't get Naugahyde anymore because they have been put on the endangered species list. There used to be herds of little Naugas roaming the great plains until they have been decimated for their hides. Now there's practically none left.

Richard

[sassandgroove]

Sounds like a joke. But actually, I'm on her side. If they call them berries, they should be held to the standard of berry-ness. Just because only really stupid people will believe you, it doesn't make it all right to lie.
THat's the whole point though. The judge said they aren't lieing.

From the article.

In this case . . . while the challenged packaging contains the word "berries" it does so only in conjunction with the descriptive term "crunch." This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a "crunchberry." Furthermore, the "Crunchberries" depicted on the [box] are round, crunchy, brightly-colored cereal balls, and the [box] clearly states both that the Product contains "sweetened corn & oat cereal" and that the cereal is "enlarged to show texture." Thus, a reasonable consumer would not be deceived into believing that the Product in the instant case contained a fruit that does not exist. . . . So far as this Court has been made aware, there is no such fruit growing in the wild or occurring naturally in any part of the world.

[sassandgroove]

Why doesn't she just eat actual fruit?
Eating fruit is hard.

(Sorry , robot chicken mocking teen shows joke.)

[Williebee]

And while we're on the subject. Somebody brought a "razzleberry pie" to the office party this week.

There ain't no such thing as a "razzleberry" so what are they puttin' in this thing?

[Perks]

Sounds like a joke. But actually, I'm on her side. If they call them berries, they should be held to the standard of berry-ness. Just because only really stupid people will believe you, it doesn't make it all right to lie.

So whom do you sue when you make the same mistake with dingleberries?

[sassandgroove]

Wouldn't she be surprised by this, then!

http://www.urbandictionary.com/define.php?term=crunch%20berries

Possibly not safe for work and is kinda icky.

[backslashbaby]

Judge England also noted another federal court had "previously rejected substantially similar claims directed against the packaging of Fruit Loops [sic] cereal, and brought by these same Plaintiff attorneys." He found that their attack on "Crunchberries" should fare no better than their prior claims that "Froot Loops" did not contain real froot.

These attorneys have some bizarre Froot obsession.

[Cyia]

Wait!!! What about Frankenberries? Or Booberries?


Frankenberries = hybrid fruit, like a grapple
Booberries = fruit from a dead tree that have shriveled and been rehydrated
:D

And while we're on the subject. Somebody brought a "razzleberry pie" to the office party this week.

There ain't no such thing as a "razzleberry" so what are they puttin' in this thing?

LoL - it's razzleberry Kool-aid most likely. My mom makes Kool-Aid pies out of "lemonade", condensed milk and cool-whip. I am apparently the only one who doesn't love them.

[Lyv]

And while we're on the subject. Somebody brought a "razzleberry pie" to the office party this week.

There ain't no such thing as a "razzleberry" so what are they puttin' in this thing?
How chewy was it?

(Oh, how I loved Razzles (http://www.oldtimecandy.com/razzles.htm))

[Perks]

Wait, do doughnuts contain the same protein and fiber as other nuts and do we need a disclaimer on them for people with allergies?

The more I think about this, we've got problems galore. I bet that Cap'n who is... aggressively "thrusting a spoonful of 'Crunchberries' at the prospective buyer." isn't even a commissioned naval officer.

I'm pissed.

[SHBueche]

Okay, had to go to my kitchen and check out the cereal ... Apple Jack Gliders. Not real apples, and I'm assuming the gliders aren't real either. Looking up attorneys right now :).

[rhymegirl]

So...they aren't fruit, then?

Poor quicky. Sorry to disappoint you.

[wannawrite]

OMG....mom just brought me a razzleberry pie, yesterday, for our cookout!

It was full of razzles, of course. And it had a light, flaky crust, too.

[Cyia]

Razzleberry Pie


What is the Razzle in our wonderful Razzleberry Pie? It's daring. It's delightful. It's downright delicious. It's the perfect pairing of red, ripe raspberries and sweet, juicy blackberries baking together in our legendary flaky pastry crust. Berry, berry good indeed!


FILLING: BLACKBERRIES, RASPBERRIES, SUGAR, WATER, APPLES, MODIFIED FOOD STARCH, CORN STARCH, SALT.

CRUST: ENRICHED FLOUR (WHEAT FLOUR, NIACIN, REDUCED IRON, THIAMIN MONONITRATE, RIBOFLAVIN, FOLIC ACID), VEGETABLE SHORTENING (PARTIALLY HYDROGENATED SOYBEAN OIL, CITRIC ACID), WATER, DEXTROSE, SALT

[TerzaRima]

So whom do you sue when you make the same mistake with dingleberries?


Perks. You went there.

[BenPanced]

*pulls box of Thin Mints from freezer*

Hmm...flour...eggs...mint...cocoa powder...WHEREZA "GIRL SCOUT"?!

[rhymegirl]

*pulls box of Thin Mints from freezer*

Hmm...flour...eggs...mint...cocoa powder...WHEREZA "GIRL SCOUT"?!

You should get your money back. You were robbed.

[Williebee]

What is the Razzle in our wonderful Razzleberry Pie? It's daring. It's delightful. It's downright delicious. It's the perfect pairing of red, ripe raspberries and sweet, juicy blackberries baking together in our legendary flaky pastry crust. Berry, berry good indeed!

So, wait. That thing has actual fruit in it? That stuff'll kill you. Fruit has Dihydrogen monoxide (http://www.dhmo.org/) in it. That stuff kills people everyday.

[sassandgroove]

Just wait till i bring my class action lawsuit over "Buffalo wings".

[dgiharris]

When these sorts of lawsuits happen, the defendant should be allowed to sue the so called plantiffs and recoupe legal fees.

I imagine the legal fees for a fortune 500 company would be pretty expensive. That ought to discourage these types of ridiculous lawsuits

Mel...

[sassandgroove]

When these sorts of lawsuits happen, the defendant should be allowed to sue the so called plantiffs and recoupe legal fees.Yes. or it should be automatic that if you lose you pay their fees to help prevent frivoulous suits.

[BenPanced]

So, wait. That thing has actual fruit in it? That stuff'll kill you. Fruit has Dihydrogen monoxide (http://www.dhmo.org/) in it. That stuff kills people everyday.
Fool me once, shame on you. Fool me 27 times...

[MaryMumsy]

Did you know you can't get Naugahyde anymore because they have been put on the endangered species list. There used to be herds of little Naugas roaming the great plains until they have been decimated for their hides. Now there's practically none left.

Richard

Back in the late fifties the furniture store had a little baby stuffed Nauga in the front window. I was always sorry for the mommy Nauga who had her baby misused in that way. Also wish I had obtained one before it became illegal to capture and stuff baby Naugas.

:D

MM

[Stew21]

Just wait till i bring my class action lawsuit over "Buffalo wings".


Well before you go too far, I'll just tell you now. Rocky mountain oysters are NOT oysters.


That's a mistake you won't make twice.

[quickWit]

Poor quicky. Sorry to disappoint you.

You should be used to it by now, RG. Lord knows I am.

:)

[ChristineR]

She sued, on behalf of herself and all similarly situated consumers who also apparently believed that there are fields somewhere in our land thronged by crunchberry bushes.



Did you know you can't get Naugahyde anymore because they have been put on the endangered species list. There used to be herds of little Naugas roaming the great plains until they have been decimated for their hides. Now there's practically none left.

Richard

The folks at www.Naugahyde.com would take issue with this. Besides, Naugas "shed their hide, with no danger to themselves." ;)

They also will allow you to adopt Naugas, if you should want one.

[BenPanced]

Next you'll be telling me Cheez Doodles don't have any doodles in them.

First Santa Claus, now this. I...I have to go lie down now...

[aadams73]

Every week when I go to the stupidmarket, I misread "Fruit Cereals" as "Fart Cereals."

And that's all I have to contribute to this conversation. Aren't you glad?(don't answer that)

[scarletpeaches]

Nobody tell aadams73 about the buttsecksberries.

[Lyv]

Don't lend this woman your Blackberry.

[alleycat]

Did you know that there's less than 2% real tang juice in a glass of Tang?

[aadams73]

Did you know that there's less than 2% real tang juice in a glass of Tang?

Do they squeeze real poontangs to get that?

Someone, please, take away my keyboard.

[melaniehoo]

:roll:

That was for post 53 as well as the title of this thread. I've been cracking up all morning.

[aadams73]

Nobody tell aadams73 about the buttsecksberries.

*Tilts head* How do they pick those?

[brainstorm77]

If you read the whole article the judge pretty much calls her stupid in a round about way. I thought it was funny and sad at the same time. She is either stupid or has an over inflated sense of entitlement.

I agree with the judge!

[alleycat]

This just in: Mountain oysters are NOT real oysters.

[aadams73]

This just in: Mountain oysters are NOT real oysters.


Must...not...post...ack....

Can't...help...myself...


Sure they are. That's where pearl necklaces come from.

[Stew21]

Well before you go too far, I'll just tell you now. Rocky mountain oysters are NOT oysters.


That's a mistake you won't make twice.

This just in: Mountain oysters are NOT real oysters.


HA!
:)

[alleycat]

:roll:

That was for post 53 as well as the title of this thread. I've been cracking up all morning.
Did you happen to spill and burn yourself with coffee?


Our law firm is ready to help! Remember, we don't get fully paid until all your money is gone.

[quickWit]

*Tilts head* How do they pick those?

With a ball-gag, a rubber glove and a large plastic trash bag. It's done very discreetly as an outpatient procedure.






don't ask me how I know.

[sassandgroove]

This just in: Mountain oysters are NOT real oysters.
Trish beat you to it man!

[alleycat]

Trish beat you to it man!
I'm suing!

[Fran]

I was enlightened about rocky mountain oysters just the other day.

It was the happiest I've ever been about being vegetarian :D

Here, in Tesco, if you buy peanuts the packet warns you that it contains nuts. Let's face it: Nut allergy, buys and eats peanuts, Darwin Award.

[melaniehoo]

Did you happen to spill and burn yourself with coffee?


Our law firm is ready to help! Remember, we don't get fully paid until all your money is gone.

Now that you mention it, my water doesn't seem to have any flavor.

[sassandgroove]

I was enlightened about rocky mountain oysters just the other day.

It was the happiest I've ever been about being vegetarian :D

Here, in Tesco, if you buy peanuts the packet warns you that it contains nuts. Let's face it: Nut allergy, buys and eats peanuts, Darwin Award.
Oh we have that too.

[alleycat]

Now that you mention it, my water doesn't seem to have any flavor.
Trauma! Pain and suffering. Lost of sexual pleasure. Missed worked days.

[melaniehoo]

:D

[alleycat]

Now if you can just manage to get hit by a semi-trailer truck you'll be rolling in dough! Well, maybe rolling in agony for a while, but, as they say, no pain, no ill gotten gain.

[melaniehoo]

Now if you can just manage to get hit by a semi-trailer truck you'll be rolling in dough! Well, maybe rolling in agony for a while, but, as they say, no pain, no ill gotten gain.

That shouldn't be too difficult here...

[Cyia]

This just in: Mountain oysters are NOT real oysters.

Around here, we call 'em Calf Fries. :D

I read an article once about all of those labels on things like "Peanuts: contains nuts" and "Razor: Remove blade guard before using" and "Poison: spray away from face". The person who wrote it was the one in charge of claims for a manufacturer and she said she'd (almost) guarantee that if there was a warning for it on the package, at some point, someone had filed a claim on it. That's the only reason the owners would put out the $$ to change the print on the packaging.

[rhymegirl]

You should be used to it by now, RG. Lord knows I am.

:)

Huh???

[darkprincealain]

My favorite part is:

a reasonable consumer would not be deceived into believing that the Product in the instant case contained a fruit that does not exist. . . . So far as this Court has been made aware, there is no such fruit growing in the wild or occurring naturally in any part of the world.

:ROFL:

[Jersey Chick]

Well, I've heard there's a warning label on Preparation H that says Do Not Eat.

Someone was actually stupid enough toe eat Preparation H????

[quickWit]

Well, I've heard there's a warning label on Preparation H that says Do Not Eat.

Someone was actually stupid enough toe eat Preparation H????

Now with Dingleberries!

[BenPanced]

Just one more question before I go hide under the bed and throw a trauma fit: DO LICORICE ROPES CONTAIN ANY ROPE AND DOES ROCK CANDY CONTAIN ANY ROCKS?!

[aadams73]

Does baby oil contain real babies?

[melaniehoo]

So what exactly IS in I Can't Believe It's Not Butter?

[quickWit]

So what exactly IS in I Can't Believe It's Not Butter?

http://i374.photobucket.com/albums/oo185/qWit/fabio.jpg

You wouldn't believe me if I told you.

[Millicent M'Lady]

Now with Dingleberries!

Just when you think the tone can't get any lower...:ROFL:


Bravo, Quickwit. Bravo.

[Fran]

Ewwwww... man milk?!

:D

[Jersey Chick]

:e2thud:

[ChaosTitan]

:ROFL:


I have nothing else to add except to say I once bought a curling iron with the following warning: Do Not Use on Eyelashes.

[icerose]

Around here, we call 'em Calf Fries. :D

I read an article once about all of those labels on things like "Peanuts: contains nuts" and "Razor: Remove blade guard before using" and "Poison: spray away from face". The person who wrote it was the one in charge of claims for a manufacturer and she said she'd (almost) guarantee that if there was a warning for it on the package, at some point, someone had filed a claim on it. That's the only reason the owners would put out the $$ to change the print on the packaging.

My favorite one, I bought a curling iron that had a good two inch diameter curler on it. It was a monster. On the packaging in very large print was "DO NOT USE AS AN EYELASH CURLER." Now to make it that big and that obvious on that monster of a curling iron, I'm left wondering if that person purposely burned out their eyeball just for the money. Because really, that thing wasn't getting anywhere near my eyeballs.

Whoops just cross posted with Chaos about the same thing.

[robeiae]

Question: Is head-cheese really a kind of cheese.

Answer: Eat some and find out.

[benbradley]

Anyone remember the vegetarian girl who sued McDonald's when she found out their french fries were cooked in animal fat?
I suppose Fruity Pebbles aren't really fruit either.


**kicks dog**
Hey, don't kick a poor, defenseless animal! Kick an attorney...
Why doesn't she just eat actual fruit?
Not enough sugar.
She sued, on behalf of herself and all similarly situated consumers who also apparently believed that there are fields somewhere in our land thronged by crunchberry bushes.



Did you know you can't get Naugahyde anymore because they have been put on the endangered species list. There used to be herds of little Naugas roaming the great plains until they have been decimated for their hides. Now there's practically none left.

Richard
Whatever happened to the Corinthians? I miss that rich Corinthian leather.
Don't lend this woman your Blackberry.
But I'm a caucasian, can I get a ...

[ChaosTitan]

Whoops just cross posted with Chaos about the same thing.

Just proves I wasn't the only one wondering what idiot used a curling iron that close to their eyes. :D

[Jersey Chick]

**kicks attorney**

So, how many moes have to die in order to make a mohair sweater?

Or do they just get shorn, like sheep?

[Jersey Chick]

Both my flat iron and my hair dryer had warnings that they should not be used while sleeping. Or while bathing (what a time saver that would be, huh???)


who knew?

[Lyv]

This thread is making me feel better about chuckling as I walk past this soup (http://buygracefoods.com/site/product.cfm?id=cock_soup_env) in the grocery store.

[melaniehoo]

:roll:

[Zoombie]

And my AR-15 Rifle had a note on it saying that I really should not attach a chainsaw too it.

BUT THAT DIDN'T STOP ME!

http://cdn-www.cracked.com/articleimages/dan/weapon_mods/chainsaw.jpg

[donroc]

What would she do with a box of dingleberries?

[quickWit]

This thread is making me feel better about chuckling as I walk past this soup (http://buygracefoods.com/site/product.cfm?id=cock_soup_env) in the grocery store.

I always make mine from scratch, 'cause I'm fussy that way. :)

[robeiae]

I always make mine from scratch, 'cause I'm fussy that way. :)
Plus, you have that ever-present rash...

[jennontheisland]

This thread is making me feel better about chuckling as I walk past this soup (http://buygracefoods.com/site/product.cfm?id=cock_soup_env) in the grocery store.
I'd buy that.

[sassandgroove]

so much for a discussion on our over-litigious society.

[rhymegirl]

I always laugh at what it says on some of those frozen pizza wrappings/boxes.

Do not eat before cooking.

Duh? Really. You mean I have to cook the pizza first?

[jennontheisland]

so much for a discussion on our over-litigious society.
Is that what this was supposed to be??

Oh dear.

[robeiae]

so much for a discussion on our over-litigious society.
In all seriousness, this case borders on insanity. As the plaintive no doubt does. It's too far out there to be a good starting point, Sass. Imo, of course.

[Jersey Chick]

oops.

How about shampoo bottles that read : For External Use only

yes - because I want to be clean from the inside out

[quickWit]

so much for a discussion on our over-litigious society.

If that's what this was supposed to be, by law there should have been a disclaimer placed in the OP.

I feel misled.

*buzzes secretary*

Get me Legal on the phone.

[Lyv]

so much for a discussion on our over-litigious society.
Oops, I didn't know you wanted one. Well, then, what are your thoughts?

The McDonald's coffee case was mentioned. That's one case that wasn't frivolous. If it's reduced to "A woman sued because her coffee was hot," it sounds like that. But the actual facts (http://www.lectlaw.com/files/cur78.htm) of the case show that it was not.

There's another link I'm looking for, but if I can't find it, the facts in the link above are as I remember them.

[aspiringwriter]

Well there are warning labels on products for a reason---there was someone at some point that actually DID something bad--for instance the coffee incident at McDonald's!!!

But you have GOT to be kidding me..suing because Crunchberries aren't real fruit!!! What's next? Suing over peanut butter because there isn't actual butter? Or hamburgers don't have ham in them!!! Oh wait..how about hot dogs? They aren't really dogs!!!

[Fran]

Oh wait..how about hot dogs? They aren't really dogs!!!

No, they're made from raccoons. I saw that on The Simpsons, so it must be true ;)

[quickWit]

What's next? Suing over peanut butter because there isn't actual butter? Or hamburgers don't have ham in them!!! Oh wait..how about hot dogs? They aren't really dogs!!!

Clearly you've never been to a Red Sox game at Fenway.

:D

[rhymegirl]

I found a bone in my chicken sandwich one day at a Burger King. I could have broken a tooth on that.

Could I have sued for that?

[ChristineR]

You can sue over anything. Whether or not you can win is a different matter. And "winning" means "getting money." If nothing happened to you that would somehow cost you money, there's nothing to sue for. If you actually had broken your tooth, you might have a chance. You'd have to show that the Burger King people should have been able to find that bone and take it out, which is probably not something you could do--chickens have bones after all.

If it had been something that really didn't belong in there, like a marble, you'd have a much better chance. If it were something really disgusting, like part of a rat, you might be able to argue that you had to take a week off work and see a therapist, and then BK might be required to pay for that. But in theory you can't get money that you don't actually need to pay for help with the problems BK caused you.

The McDonald's case involved punitive damages, which were imposed because they'd been instructed before not to make their coffee so damned hot--they were repeatedly flaunting the law. So far as I know, there's nothing comparable with chicken bones.

[robeiae]

How much money do you suppose that bone had?

[BenPanced]

So far as I know, there's nothing comparable with chicken bones.
I found a chip of glass in a shake at Denny's once. I was a cheap date and settled comping the ticket.

[rhymegirl]

You can sue over anything. Whether or not you can win is a different matter. And "winning" means "getting money." If nothing happened to you that would somehow cost you money, there's nothing to sue for. If you actually had broken your tooth, you might have a chance. You'd have to show that the Burger King people should have been able to find that bone and take it out, which is probably not something you could do--chickens have bones after all.

But see, these chicken sandwiches are not supposed to have bones in them. They are boneless chicken sandwiches. When a person is chewing one of them, she does not expect to chomp down on a bone. I could have easily broken a tooth.

Yeah, the most I wanted was another sandwich. For free.

[Lyv]

I swear I remember a case of man suing because he cracked a tooth on a peanutless Peanut M&M. Said he bit down too hard, expecting a peanut.

[aspiringwriter]

I'm going to sue all tomoto companies because tomatoes aren't vegetables!!! :) I feel cheated in this :D

[KTC]

I tried suing General Mills because I found out that Count Chocula wasn't really a vampire. Their response? BITE ME. It was thrown out of court.

[dclary]

Sassy, I wasted half my day reading that blog. Thank you so much for this link. It's the awesomest.

[BenPanced]

I tried suing General Mills because I found out that Count Chocula wasn't really a vampire. Their response? BITE ME. It was thrown out of court.
Probably figured it wouldn't count.

I kill me.

[dclary]

I tried suing General Mills because I found out that Count Chocula wasn't really a vampire. Their response? BITE ME. It was thrown out of court.

Really kicked you in the Frankenberries, eh?

[rhymegirl]

I tried suing General Mills because I found out that Count Chocula wasn't really a vampire. Their response? BITE ME. It was thrown out of court.

Ha ha ha! Oh Kevin, you're so funny.

[wannawrite]

My intro to law prof told me that if you are aware of the risk...you generally accept the ramifications of your behavior.

Example: someone from the midwest visits the east coast and buys a cup of chowder. He is unfamiliar with clams, and fresh sea food in general. He chips a tooth on a piece of shell. He has a lawsuit.

Someone from the east coast buys a cup of chowder. They ARE familar with seafood and know the risk of chipping a tooth on an errant piece of shell. They do not have a law suit.

He also said to be very careful when shoveling your walk, because the very act of clearing it means that you recognize it is a potential hazard, and that if someone slips on your cleared walkway, they could sue you for creating improperly clearing it. He said that he never shovels his snow.

Of course, he could just be lazy.

About the crunchberries, I have no idea.

[KTC]

Really kicked you in the Frankenberries<<ALSO, NOT BERRIES, eh?

This has been a public service announcement.

[dclary]

"How did you hurt yourself?"

"I jumped off the loading dock."

"No case."

"I fell off the loading dock."

"We have a case."

[benbradley]

These cookies don't taste ANYTHING like girl scouts!

[dgiharris]

You can sue over anything. Whether or not you can win is a different matter. And "winning" means "getting money." If nothing happened to you that would somehow cost you money, there's nothing to sue for. If you actually had broken your tooth, you might have a chance. You'd have to show that the Burger King people should have been able to find that bone and take it out, which is probably not something you could do--chickens have bones after all. ...
The McDonald's case involved punitive damages, which were imposed because they'd been instructed before not to make their coffee so damned hot--they were repeatedly flaunting the law. So far as I know, there's nothing comparable with chicken bones.

A woman tried to scam Wendy's out of money by putting a finger in her chili. She thought they would just cough up the money, but lo-and-behold, she was surprised when the police investigated (gee imagine that) and were able to determine that the finger belonged to her ex-husband.
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2005/05/13/finger13.TMP

I tried suing General Mills because I found out that Count Chocula wasn't really a vampire. Their response? BITE ME. It was thrown out of court.

:ROFL:

[princessvessna]

I'm going to sue all tomoto companies because tomatoes aren't vegetables!!! :) I feel cheated in this :D

You'll have to sue the Govt on that one. They're the ones who declared that commercially, tomatoes are considered vegetables.

Most of the things you say are veggies...as far as botany goes, they're fruits. Veggies is a culinary term, generally. No such thing in botany.

[Fran]

These kind of lawsuits don't happen in the UK. I don't know what the difference is between the legal systems, or how claims like that are funded in the US. I suspect most of them would be slapped round the head and told not to be so stupid before it got anywhere near a court here. What IS going strong here is the personal injury claims 'Call after a trip or fall anywhere!' which is on a no-win, no fee basis. But they don't always cover Scotland because we have different laws AGAIN to England. I don't begrudge anyone who's been genuinely injured fair compensation, but when I worked in motor insurance I discovered that whiplash is almost impossible to diagnose definitively (at least, as far as I was led to believe) so people claim it all the time. It's not a lot in the grand scheme of things, about £1500 (roughly $US2250) but that money has to get back to the insurance company somehow, so it's recovered through increased premiums, meaning these claims do affect everyone.

[dgiharris]

Really kicked you in the Frankenberries, eh? << also not berries
This has been a public service announcement.

Not all berries are created equal and delicious.

For instance, you don't ever want to eat dingleberries.

Trust me on this one

Mel...

[dclary]

Wait... so... the Apples in Apple Jacks....?

[princessvessna]

Strawberries, blackberries, raspberries and blueberries all aren't berries either.

Tomatoes, peppers, bananas and grapes, on the other hand, ARE berries.

[KTC]

SO...what's the white stuff in a twinkie?

[robeiae]

Wait... so... the Apples in Apple Jacks....?
Are REAL (http://www2.kelloggs.com/Product/ProductDetail.aspx?brand=123&product=552&cat=).

Fail.

*rips up Deek's snark-card*

[robeiae]

SO...what's the white stuff in a twinkie?
Canadian blood?

[tjwriter]

You'd have to show that the Burger King people should have been able to find that bone and take it out, which is probably not something you could do--chickens have bones after all.

Probably just have to point the box the chickens come in and highlight where it says boneless chicken breasts and voila! case won.

[sassandgroove]

Strawberries, blackberries, raspberries and blueberries all aren't berries either.Then what are they?

[tjwriter]

Then what are they?

Frikkin' delicious. That is all.

[robeiae]

Strawberries, blackberries, raspberries and blueberries all aren't berries either.

Tomatoes, peppers, bananas and grapes, on the other hand, ARE berries.
http://en.wikipedia.org/wiki/Epigynous_berry

[princessvessna]

http://en.wikipedia.org/wiki/Epigynous_berry

Exactly...I was being a garden geek. I see they've put bananas in epigynous or false berries - hmm. They're not sure about that one anyways.

So... blueberries are epigynous (false) berries - almost, but not quite

Raspberries and blackberries are called aggregate drupes. A drupe is basically a stone fruit - think peaches and cherries. Each one of those smaller individual fruits of these "berries" is a drupe, and it's a bunch of them aggregated together.

Strawberries are an accessory. The true fruit are the little seeds, a type called an achene. The red part is the receptacle. Think of it as a way to deliver the true fruits (by getting animals and birds to eat them and...leave them elsewhere, ahem).

There, botany lesson for the day. Another day, perhaps, I can yammer on about how there's no such thing, really, as yams in America, or the wonders of Brassica oleraceae.

[robeiae]

...there's no such thing, really, as yams in America...
Oh, really (http://free-mail.co.za/new/media/Google-Ad-Pamela-Anderson.jpg)?



sorry.

[Susan Gable]

Favorite warning label. On an iron.

Do not iron clothes while wearing.

(So some idiot actually tried that, too, huh??? :e2smack: )

Susan G.

[KTC]

Exactly...I was being a garden geek. I see they've put bananas in epigynous or false berries - hmm. They're not sure about that one anyways.

So... blueberries are epigynous (false) berries - almost, but not quite

Raspberries and blackberries are called aggregate drupes. A drupe is basically a stone fruit - think peaches and cherries. Each one of those smaller individual fruits of these "berries" is a drupe, and it's a bunch of them aggregated together.

Strawberries are an accessory. The true fruit are the little seeds, a type called an achene. The red part is the receptacle. Think of it as a way to deliver the true fruits (by getting animals and birds to eat them and...leave them elsewhere, ahem).

There, botany lesson for the day. Another day, perhaps, I can yammer on about how there's no such thing, really, as yams in America, or the wonders of Brassica oleraceae.


Hey, Mista! Won't you touch my tomato! Touch me yam, me pumpkin potato!

[KTC]

Oh, really (http://free-mail.co.za/new/media/Google-Ad-Pamela-Anderson.jpg)?



sorry.

UM...stop posting Canadians like that!

[ChristineR]

Probably just have to point the box the chickens come in and highlight where it says boneless chicken breasts and voila! case won.

No, that wouldn't work.

People are always talking about our litigious society, but the reason we have so much litigation is that when somebody injures you through negligence and you need money, you sue them. That's the system. Leaving a bone in boneless chicken is not considered negligent.

[som1luvsmi]

Well let's just lay it all out then:

there's no chicken in Chicken of the Sea
chickens do not have nuggets
chocolate milk does not come from chocolate cows
Cookie Crisp does NOT have real cookies
moon pies do not have bits of the moon in them
Lucky Charms has neither leprechauns nor luck in it
shepherd's pie is not made by, nor does it contain, shepherds
Mountain Dew is not dew from a mountain
oh! and McDonald's coffee is HOT!

[DWSTXS]

I'd love to sue the makers of Cap'n Crunch too, because they taste so damn good, but they shred the inside of my mouth. . .it's like eating razor-blades! But, they're so damn tasty, I just can't stop.

[Williebee]

I"m back to the idea that a "You were stupid" law ought to be available to the legal system.

At any point in the process a udge or jury can hold up their hands and say "You were/are stupid. Get out." And then publish that finding in the next morning's news-- with a picture.

[dclary]

I'd love to sue the makers of Cap'n Crunch too, because they taste so damn good, but they shred the inside of my mouth. . .it's like eating razor-blades! But, they're so damn tasty, I just can't stop.


And after you're done eating them, they chemically fuse to the bowl, becoming a part of it, never to be removed, like a freaking yellow corn-starch barnacle.

[MattW]

Admiral Crunch, on maneuvers in the Persian Gulf, could not be reached for comment.

[DamaNegra]

These kind of lawsuits don't happen in the UK.

They don't happen in Mexico either. This:

"You were/are stupid. Get out."

would be all the answer they could get.

[dclary]

These kind of lawsuits don't happen in the UK.


Ahem:

From that same blog:

"Reversing a lower court's ruling that Pringles did not qualify as "potato chips" for purposes of taxation, Britain's Court of Appeals has held that they are, basically, close enough."

[tjwriter]

No, that wouldn't work.

People are always talking about our litigious society, but the reason we have so much litigation is that when somebody injures you through negligence and you need money, you sue them. That's the system. Leaving a bone in boneless chicken is not considered negligent.

False advertising, lol.

I can see the arguments from the bonehead filing the suit, that's all. I think people need understand the fact that sometimes crap happens and quit suing the shite out of everything.

And I've seen cases won on dumber arguments. Like say a trespasser with the intent to rob you breaks an ankle on your property and they sue. And win.

Freakin' stupid.

[C.H. Valentino]

I'd love to sue the makers of Cap'n Crunch too, because they taste so damn good, but they shred the inside of my mouth. . .it's like eating razor-blades! But, they're so damn tasty, I just can't stop.

LMAO! I thought I was the only person that this happened to!

CLASS ACTION! RIGHT NOW!

[Jersey Chick]

And after you're done eating them, they chemically fuse to the bowl, becoming a part of it, never to be removed, like a freaking yellow corn-starch barnacle.
Yep - you definitely have to rinse the bowl out now, or throw it out later. You can't sand-blast those parasites off.

[Jerry B. Flory]

Does this mean the Lucky Charms I've had on a string around my wrist for 18 years aren't really working?:e2smack:

[Jersey Chick]

I don't know - have you been lucky or not?

[Fran]

Ahem:

From that same blog:

"Reversing a lower court's ruling that Pringles did not qualify as "potato chips" for purposes of taxation, Britain's Court of Appeals has held that they are, basically, close enough."

Since I haven't read the blog, I'll assume this is something to do with the UK's, and by extension the EU's, labyrinthine VAT laws. For example, biscuits attract VAT, but cakes don't. So manufacturers want their products classed as cakes, and may on occasion ask for a legal ruling (the makers of Jaffa Cakes have done this recently). Presumably Pringles were going to be classified as something that would mean imposing VAT on them and that's why the company voluntarily went to court, rather than it being a lawsuit against them.

My mum once bought an egg roll and when she bit into it there was a dead wasp inside. She didn't sue, but she's never been back to Greggs (bakery chain in the UK) and she's never eaten an egg roll again. And who can blame her?

[Susan Gable]

Does this mean the Lucky Charms I've had on a string around my wrist for 18 years aren't really working?:e2smack:

And are they MAGICALLY delicious? Is there an actual wizard in the facotry, casting a delicious spell on them?

Susan G.

[sassandgroove]

Fran was is VAT? IS it a tax?

[Stew21]

I wonder what this lady thinks she's getting when she buys TV Dinners

[Fran]

Value Added Tax. Sorry :)

[sassandgroove]

Well I was right it was a tax, eh? :D So why do some foods get VAT and some not?
Sass- curious.

[Fran]

Most basic foods, like bread, cheese, meat, vegetables, don't have VAT on them. But most 'non-essential' foods like crisps and sweets (candy) do. But some loophole means cakes avoid it. Pringles were trying to get their product classed as NOT crisps so the VAT would be taken off them, making them cheaper. It was most silly of them, because they had to admit they only use a tiny amount of potato in their 'potato snacks' so God alone knows what's in them. I don't buy them anyway.

[sassandgroove]

true that is silly. now I wonder what is in them too.

Sass- noting that apparently cakes are essential. ;)

[Fran]

I think we all know they are ;)

[Don]

At least TPTB learned a little something from Marie Antoinette. :D

[DWSTXS]

SO...what's the white stuff in a twinkie?

I think it's 'twinkie-pleasure' sex-residue...i.e. DNA

[darkprincealain]

I looked on the Pringles web site, and it appears the 2nd and 3rd ingredients are vegetable oil and rice flour. I did not know when I ate a Pringle that there was also rice involved. :D

You learn something new every day.

[Fran]

I looked on the Pringles web site, and it appears the 2nd and 3rd ingredients are vegetable oil and rice flour. I did not know when I ate a Pringle that there was also rice involved. :D

You learn something new every day.

I suspect they were trying to be classified as a 'rice product'. There's no VAT on rice. :)

[Jerry B. Flory]

So if the rice in my frozen Chinese food is actually grown in Thailand is that false advertising?

[DWSTXS]

So if the rice in my frozen Chinese food is actually grown in Thailand is that false advertising?


I always thought that rice was from California. . .

Rice-a-roni. . .the San Francisco treat!

[Gregg]

Was she educated by our public schools?

My wild guess is "yes".

[Zoombie]

Was she educated by our public schools?

My wild guess is "yes".

...so was I.

And most of the Americans on this forum.

...what the hell is your point?

[regdog]

Some people just need to have the stupid slapped out of them

[Don Allen]

This woman would have sex with me.....

[Gregg]

...so was I.

And most of the Americans on this forum.

...what the hell is your point?

Read this and you might get it. Our public school system, in general, is crappy.

http://www.gmu.edu/departments/economics/wew/articles/09/DumbestGenerationGettingDumber.htm

[ChaosTitan]

This post only exists to inform y'all that, inspired by this thread, I had a bowl of Captain Crunch for lunch--sans Crunchberries.

:D

[Zoombie]

Gregg, the public school system is like a sewer.

You put into it what you get out of it.

At least, that's my view on things. I put in moderately hard work and became moderately intelligent. I also put lots of work into being awesome, and now I'm pretty much exactly like Zorro, but cooler.

This woman most likely was a greedy moron in high school, and a greedy moron when she tried to scam the legal system.

[Fran]

We don't have Captain Crunch in the UK :(

I'll SUE! ;)

[Gregg]

Gregg, the public school system is like a sewer.

You put into it what you get out of it.

At least, that's my view on things. I put in moderately hard work and became moderately intelligent. I also put lots of work into being awesome, and now I'm pretty much exactly like Zorro, but cooler.

This woman most likely was a greedy moron in high school, and a greedy moron when she tried to scam the legal system.


YIKES ! Zoombie you missed it! :-)
Tell you what, I'll pour a great bottle of Champagne down the sewer and dare you to drink it. I don't think you'll like the taste.
What is saving some of the kids in bad school districts is school choice, charter schools, and lots of effort and money from private foundations and other dedicated individuals/groups that offer programs separate from the school districts.
Zorro's cool, but I'll take the A-Team.

[Don]

Read this and you might get it. Our public school system, in general, is crappy.

http://www.gmu.edu/departments/economics/wew/articles/09/DumbestGenerationGettingDumber.htm
Is it just a mistake that things are that way?

John Taylor Gatto (http://www.johntaylorgatto.com/), New York City Teacher of the year in 1989, 1990, and 1991, and New York State Teacher of the Year in 1991, has a theory. Check out The Underground History of American Education (http://www.johntaylorgatto.com/underground/toc1.htm). It's all available online.

So does Charlotte Thomson Iserbyt (http://www.deliberatedumbingdown.com/pages/book.htm), former Senior Policy Advisor in the US Department of Education. Her book is available as a PDF (http://www.deliberatedumbingdown.com/).

[Gregg]

Way over my head, Don. I only had 7 1/2 years of college.

All I know is that money alone is not enough to teach our kids.
The teacher's union does not help either when they choose seniority over excellence and enthusiasm when teachers must be let go.

Would it be wrong to abolish the US Department of Education?

[Zoombie]

Well, what we had before the USDOE sucked even more than what we have now, so I'd say...no.

I'd rather fix the system than just chuck it out entirely.

But I'm wacky that way.

[Don]

Well, what we had before the USDOE sucked even more than what we have now, so I'd say...no.

I'd rather fix the system than just chuck it out entirely.

But I'm wacky that way.
Fifty years ago, when the DOE was created, US students ranked first in the world in math and science. Today they rank 25th.

So that sucked even more than what we have now? I don't understand.

The quality of education training has been declining and the cost has been going up steadily over the last 50 years. What have we gained from the DOE?

From the Walter Williams essay that Gregg posted:

In 2006, U.S. students ranked 25th of 30 advanced nations in math and 24th in science. McKinsey & Company, in releasing its report "The Economic Impact of the Achievement Gap in America's Schools" (April 2009) said, "Several other facts paint a worrisome picture. First, the longer American children are in school, the worse they perform compared to their international peers. In recent cross-country comparisons of fourth grade reading, math, and science, US students scored in the top quarter or top half of advanced nations. By age 15 these rankings drop to the bottom half. In other words, American students are farthest behind just as they are about to enter higher education or the workforce." That's a sobering thought. The longer kids are in school and the more money we spend on them, the further behind they get.

[ad_lucem]

I looked at the subject line and thought "this must be in California" then I opened the thread and looked at the article.

Man, you really CAN sue for anything over there!!!!!!!!!!!!!!! :D :D :D

Like my inlaws who live there say: "It's the land of fruit and nuts."

[tjwriter]

I looked at the subject line and thought "this must be in California" then I opened the thread and looked at the article.

Man, you really CAN sue for anything over there!!!!!!!!!!!!!!! :D :D :D

Like my inlaws who live there say: "It's the land of fruit and nuts."

Lots and lots of nuts?

Just sayin'

[ad_lucem]

Lots and lots of nuts?

Just sayin'

More nuts than a Planters packing factory ;)

Beautiful place, though.

[Fran]

"It's the land of fruit and nuts."

But there WAS no fruit - that's the whole problem ;)

[Zoombie]

Um, Don, fifty years ago, most of the people who would compete with us in terms of education, and everything else for that matter, (Asia,Russia and Europe) had just the shit kicked out of them by the largest war in the entire history of the human race.

I will concede that the Education department was founded a little earlier in history than I remember. Oh right, Social Darwinists believed that public education was for sissies, so they kept that from ever being established during the Gilded Age all the way up through the Great Depression...

But, still, we've gone from having almost no competition for the top, to having a whole metric shitton of competition for the top.

[Don]

Fifty years ago, WW II had been over for almost two decades, Zoombie.

If you're really interested in understanding what's gone on, I'll again recommend the work of Gatto or Iserbyt. Handy links to both are in this post (http://absolutewrite.com/forums/showpost.php?p=3663466&postcount=178).

After 30 years, John Taylor Gatto, teacher of the Year for NYC three years in a row, and teacher of the Year for NY state that year... quit. Why?
In 30 years of teaching kids rich and poor I almost never met a learning disabled child; hardly ever met a gifted and talented one either. Like all school categories, these are sacred myths, created by human imagination. They derive from questionable values we never examine because they preserve the temple of schooling.

That’s the secret behind short-answer tests, bells, uniform time blocks, age grading, standardization, and all the rest of the school religion punishing our nation. There isn’t a right way to become educated; there are as many ways as fingerprints.

[sassandgroove]

so now we're talking about education?

[veinglory]

In an apparent generalisation from a sample of 1.

[DamaNegra]

In an apparent generalisation from a sample of 1.
Not that this is a completely isolated case of a stupid lawsuit.

[benbradley]

so now we're talking about education?
It looks to me like Don is talking about a lack of education, or even worse, miseducation/indoctrination.

[BenPanced]

SPECIAL UPDATE

She's appealing the ruling.

She's appealing the ruling.

SHE'S. APPEALING. THE. RULING.

[darkprincealain]

She's a-ruling the peeling? Is this a banana lawsuit or a berry lawsuit?

[Fran]

This woman sounds easily conned, and a bit obtuse. I'm going to send her this:

The word 'gullible' has been removed from the dictionary! Donate £/$x to my campaign to have it reinstated! For more information, email blah-de-blah-de-blah.

Honestly. I'm thinking about it ;)

(And that idea's copywrited by the way - don't get any ideas, you lot :tongue)

[DWSTXS]

This woman sounds easily conned, and a bit obtuse. I'm going to send her this:

The word 'gullible' has been removed from the dictionary! Donate £/$x to my campaign to have it reinstated! For more information, email blah-de-blah-de-blah.

Honestly. I'm thinking about it ;)

(And that idea's copywrited by the way - don't get any ideas, you lot :tongue)


don't forget to ask her to send you a pic of herself to put in the dictionary next to the word 'gullible'

[sassandgroove]

linky linky! Ben where did you hear that? Oh man....

[BenPanced]

There was a clip on Yahoo! News about it, but I haven't seen/heard anything more since.

[Alpha Echo]

SPECIAL UPDATE

She's appealing the ruling.

She's appealing the ruling.

SHE'S. APPEALING. THE. RULING.

Really? Wow. I just can't believe...I mean, I can't believe a lawyer would even take this case! Is she serious? Or is it a scam? If it's a scam, that's stupid too - I would never go public with something so ridiculous as the idea that crunchberries are fruit. Seriously.

As far as education goes, I have a 7 year old brother, and my mother is seriously considering pulling him out of public school and homeschooling him because the cirriculum has changed so that the children are so behind in math now. When I was in school, we were ahead. My fifth grade teacher had us working out of an advanced 7th grade algebra book. It's very sad, really. I think I got a great public school education, but things have changed.