“Lines Are Drawn for Big Suit Over Sodas”

The New York Times finally weighs in on the impending case against Big Soda (see Dec. 5). Maybe it took them longer than expected to get the spin in favor of the suit just right. Prof. Daynard’s role gets somewhat downplayed this time around, the Center for Science in the Public Interest looms larger, and the most priceless bit comes at the end:

One detail yet to be decided is whether the group will seek financial damages. Under Massachusetts’s consumer protection law, successful plaintiffs are entitled to $25 per violation, which could mean $25 for every time a student has purchased a soda in a public high school in Massachusetts over the past four years.

Mr. Gardner said he and the other lawyers realize that damages could run into the billions. “We haven’t decided about this yet,” he said. “We don’t want this to come off looking like a greedy-lawyer lawsuit.”

(Melanie Warner, New York Times, Dec. 7). Comments: Volokh.


  • Overweight? Blame Coke and Pepsi

    I’ve got a piece in the new issue of the Manhattan Institute magazine City Journal examining the emerging barrage of obesity suits against soft drink companies (Walter Olson, “Taking Cola to Court”, City Journal, Winter)….

  • Soda suits: Banzhaf browbeats school officials

    More skirmishing in preparation for the expected lawsuit against soft-drink vendors over sales in Massachusetts schools (see Dec. 5, Dec. 7, Feb. 7, etc.), via a Boston Globe editorial (“Vending against obesity”, Jan. 30):In advance…