June 17, 2021

Things we hadn't started to worry about yet

 Lowering the Bar

A federal lawsuit filed last month against Frito-Lay North America Inc. has alleged that the maker of the corn chips, potato chips and other snack foods misleads consumers by touting a “Hint of Lime” in Tostitos chips that apparently contain only a “negligible amount of lime.” - ABA Journal (June 9, 2021)

A lawyer in New York has apparently learned, after what I can only assume was years of diligent research by a board of scientific experts, that reasonable consumers believe the word “hint” in “Hint of Lime” indicates that the tortilla chips so labeled will contain a significant amount of real lime, and yet the aforementioned chips do not actually contain as much real lime as said reasonable consumers believe. What is the disparity, you ask? Allegedly, a reasonable consumer believes “hint” means not less than a “a slight but appreciable amount,” whereas the defendant chips contain only a “negligible,” “de minimis,” or “trace” amount.

 

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