Silly Food Lawsuits

[GodisanAtheist]

Bluntly put, tacked on fees *after* you have already purchased something is pure bullshit. Like going out to dine and seeing multiple % type fees added on after you've received your bill is pure unmitigated bullshit.

Frankly, even taxes should be built into the upfront price of an item.

The only reason this doesn't happen is our entire economy is driven by consumer whores and dark patterns, we shop based on the posted price, and thanks to sunk cost fallacy, won't back out of a transaction at the register.

 

[Torn Mind]

Bluntly put, tacked on fees *after* you have already purchased something is pure bullshit. Like going out to dine and seeing multiple % type fees added on after you've received your bill is pure unmitigated bullshit.

Frankly, even taxes should be built into the upfront price of an item.

The only reason this doesn't happen is our entire economy is driven by consumer whores and dark patterns, we shop based on the posted price, and thanks to sunk cost fallacy, won't back out of a transaction at the register.

It's more basic.... recent generations of Americans have not grown up in an environment of scarcity, actual or forced, to be price sensitive to 2-3 dollars.

Chinese, well, it gets passed by parent to child to be super price sensitive. The single fraction of a dollar is the learned response between life or death. That's not to say no urges arise, but the "training" is heavily ingrained.

 

[Brainonska511]

Bluntly put, tacked on fees *after* you have already purchased something is pure bullshit. Like going out to dine and seeing multiple % type fees added on after you've received your bill is pure unmitigated bullshit.

Frankly, even taxes should be built into the upfront price of an item.

The only reason this doesn't happen is our entire economy is driven by consumer whores and dark patterns, we shop based on the posted price, and thanks to sunk cost fallacy, won't back out of a transaction at the register.

I'm fine with sales tax being added on as an after thing, if only to make it harder for businesses to hide how much they need to remit to the state for sales taxes.

 

[nakedfrog]

It's more basic.... recent generations of Americans have not grown up in an environment of scarcity, actual or forced, to be price sensitive to 2-3 dollars.

Chinese, well, it gets passed by parent to child to be super price sensitive. The single fraction of a dollar is the learned response between life or death. That's not to say no urges arise, but the "training" is heavily ingrained.

Believe it or not... a lot of recent generations of Americans still grew up poor! Shocking, but true!

 

[WilliamM2]

Believe it or not... a lot of recent generations of Americans still grew up poor! Shocking, but true!

Even if they weren't Chinese? Shocking.

 

[Torn Mind]

Believe it or not... a lot of recent generations of Americans still grew up poor! Shocking, but true!

I didn't say "poor" because some people are poor because they piss money away, not because they can't earn enough. I said an environment of scarcity.
Do they still order takeout off Uber Eats or eat at any restaurant? Do they care that the grocery is at full price, not on sale, and routinely has sale price that one will wait for? Is even 10 cents difference a significant obstacle to making a purchase?
Maybe a simple term of would "outflow restriction".


Rich Chinese are still tightwads who avoid "fees", such as rental licenses in part because of this cultural difference. Rich Chinese will still go to Aldi or Walmart to save a buck. And there is no "kitchen dichotomy" for boys and girls. Everyone cooks to save a buck if you're raised Chinese. It doesn't matter if one becomes rich. A lost dollar is treated as major waste, about the equivalent of dying the next day.

 

[nakedfrog]

I didn't say "poor" because some people are poor because they piss money away, not because they can't earn enough. I said an environment of scarcity.
Do they still order takeout off Uber Eats or eat at any restaurant? Do they care that the grocery is at full price, not on sale, and routinely has sale price that one will wait for? Is even 10 cents difference a significant obstacle to making a purchase?
Maybe a simple term of would "outflow restriction".


Rich Chinese are still tightwads who avoid "fees", such as rental licenses in part because of this cultural difference. Rich Chinese will still go to Aldi or Walmart to save a buck. And there is no "kitchen dichotomy" for boys and girls. Everyone cooks to save a buck if you're raised Chinese. It doesn't matter if one becomes rich. A lost dollar is treated as major waste, about the equivalent of dying the next day.

You may not know this, but Uber Eats didn't exist until recently, and many recent generations of Americans grew up without it! I would love to hear more about how Chinese people are superior to Americans though, do you have a free newsletter?

 

[Shmee]

Not really a complaint about food, but in general, I can't stand packages that are super hard to open. A real pain in the butt.

 

[Lost_in_the_HTTP]

May not be silly, but sort of nutty ... or not.

A real nut case: Cold Stone Creamery faces suit over lack of real pistachios in pistachio ice cream​

ABC|2 hours ago
A federal judge in New York has given the go-ahead to a New York woman's class action lawsuit which claims consumers are being duped by Cold Stone Creamery when they purchase certain flavors that "do not contain their represented ingredients.

 

[MrSquished]

May not be silly, but sort of nutty ... or not.

A real nut case: Cold Stone Creamery faces suit over lack of real pistachios in pistachio ice cream​

ABC|2 hours ago
A federal judge in New York has given the go-ahead to a New York woman's class action lawsuit which claims consumers are being duped by Cold Stone Creamery when they purchase certain flavors that "do not contain their represented ingredients.

When I read this yesterday I thought it to myself, This is a good one I really wish I thought of it lol

 

[Red Squirrel]

That's nuts... wait, actually, it's not!

 

[Lost_in_the_HTTP]

Boneless means there are no bones, not less bones Do Judges know what bones are?

Chicken wings advertised as 'boneless' can have bones, Ohio Supreme Court decides​

ABC News|8 hours ago
The Ohio Supreme Court says consumers can't expect boneless chicken wings to actually be free of bones Consumers cannot expect boneless chicken wings to actually be free of bones, a divided Ohio Supreme Court ruled Thursday, rejecting claims by a ...

 

[Red Squirrel]

I can see that being very problematic. When something says boneless I don't expect bones, so I bite into it like there are none. Or imagine someone giving that to their dog not realizing there's bones in it. Chicken bones are dangerous for dogs.

 

[GodisanAtheist]

Boneless means there are no bones, not less bones Do Judges know what bones are?

Chicken wings advertised as 'boneless' can have bones, Ohio Supreme Court decides​

ABC News|8 hours ago
The Ohio Supreme Court says consumers can't expect boneless chicken wings to actually be free of bones Consumers cannot expect boneless chicken wings to actually be free of bones, a divided Ohio Supreme Court ruled Thursday, rejecting claims by a ...

- This is honestly some of the stupidest shit I've ever read.

A court's concept of what a "reasonable" person would believe gets more and more unreasonable by the ruling...

 

[Fanatical Meat]

- This is honestly some of the stupidest shit I've ever read.

A court's concept of what a "reasonable" person would believe gets more and more unreasonable by the ruling...

Per briefly skimming the link, I would guess the customer was eating too fast and got a bone stuck. I think it’s safe to expect small/trivial bones in something sold as boneless.

 

[Lost_in_the_HTTP]

Should someone with a peanut allergy be able to reasonably expect there are no nuts in something advertised as nut free?

 

[Fanatical Meat]

Should someone with a peanut allergy be able to reasonably expect there are no nuts in something advertised as nut free?

Are you saying you have never ever found any amount of bone in something said to be boneless?
Regarding the peanuts it wouldn’t be wise to buy a peanut cookie with all the peanuts removed if you have a peanut allergy.

 

[Lost_in_the_HTTP]

I buy boneless breasts and thighs all the time. I can't recall ever finding a piece of bone.

I can't see boneless wings. There wouldn't be anything left. Wings are almost all bone. What's often sold as boneless wings are really tenders ... pieces of white or dark meat.

 

[dullard]

Per briefly skimming the link, I would guess the customer was eating too fast and got a bone stuck. I think it’s safe to expect small/trivial bones in something sold as boneless.

There are always food allowances for trace amounts of defects. Think back to the commonly mentioned fact about how many insect fragments are allowed in a jar of peanut butter. No one could expect a chef to be able to remove all possible traces of bones in food (especially when it comes to items like fish). https://www.fda.gov/food/current-go...supplements/food-defect-levels-handbook#using "Average of 30 or more insect fragments per 100 grams". And I do agree that the customer probably ate too fast to miss chewing a long bone.

That said, a long bone described by the doctor seems like it is beyond a trace. Negligence on the fact of not mentioning the possibility of bones should be thrown out by courts. But negligence of leaving a long sharp object in the food should be allowed. I think the customer sued for the wrong type of negligence.

 

[GodisanAtheist]

There are always food allowances for trace amounts of defects. Think back to the commonly mentioned fact about how many insect fragments are allowed in a jar of peanut butter. No one could expect a chef to be able to remove all possible traces of bones in food (especially when it comes to items like fish). https://www.fda.gov/food/current-go...supplements/food-defect-levels-handbook#using "Average of 30 or more insect fragments per 100 grams". And I do agree that the customer probably ate too fast to miss chewing a long bone.

That said, a long bone described by the doctor seems like it is beyond a trace. Negligence on the fact of not mentioning the possibility of bones should be thrown out by courts. But negligence of leaving a long sharp object in the food should be allowed. I think the customer sued for the wrong type of negligence.

-Wild, crazy, super simple solution! Don't call them "Boneless".

Just call them Tenders, or anything else with some give in the naming.

 

[dullard]

-Wild, crazy, super simple solution! Don't call them "Boneless".

Just call them Tenders, or anything else with some give in the naming.

Can we call them chicken? They in fact have non-chicken coating and sauce.

 

[KMFJD]

absolute bonkers of a case, good ol' gop judges......

the dissent in that case...



the 4-3 ruling - https://bsky.app/profile/adambonin.bsky.social/post/3ky4vyp3jor2d

 

[GodisanAtheist]

Can we call them chicken? They in fact have non-chicken coating and sauce.

-Yes, because chicken is an expected component? They shouldn't call them beef tenders, cause there is no beef in them though.

As @KMFJD posted in the dissent, the issue isn't that the restaurant should be held liable, that's a different issue (they really shouldn't IMO, processing errors occur), it's that the majority concluded somehow that boneless doesn't actually mean boneless and threw out the case which is stupid.

Kick it back down to the lower court and let them litigate, in all likelyhood they would have found that the restaurant/processor didn't leave the bone in due to negligence but that some % of bone was going to remain in and the dude should chew his damn food better and throw out the case.

 

[dullard]

As @KMFJD posted in the dissent, the issue isn't that the restaurant should be held liable, that's a different issue (they really shouldn't IMO, processing errors occur), it's that the majority concluded somehow that boneless doesn't actually mean boneless and threw out the case which is stupid.

I actually think the ruling was technically and factually correct. "less" does not mean "free". Stainless steel stains, it just stains less. Seedless watermelons still have seeds, but fewer smaller and less tough seeds. Smokeless fire pits still have smoke, but less smoke. Bladeless fans have blades, but smaller and hidden. Hairless cats still have a peach-like down fur. The ending "less" is used generally when the subject typically HAS something and you try to remove or minimize it.

Spineless people still have spines. Brainless decisions were still made with a brain. Endless fun still ends. Same with endless bowls of food -- the restaurant still closes. Gutless people still have guts. Limitless political power still has physical limitations. Breathless people still breathe. Effortless activities still have some measurable energy used. Motionless lakes are still hurdling through the solar system. Etc.

What you are thinking about is "free". If it were advertised as bonefree then you would be correct.

 

[Lost_in_the_HTTP]

More food related than food, and not quite yet to the lawsuit stage, but likely coming soon.

What to know about 'Teflon flu' amid a rise in cases in the US​

ABC|35 minutes ago
A recent record number of cases of polymer fume fever, also known as "Teflon flu," are putting a spotlight on one of the most common causes of the condition, the use of nonstick pans.