If you can dream it, you can sue someone for it. Footlong sub is only 11 inches?1 Lawsuit. Texas Pete hot sauce is made in North Carolina?2 Lawsuit. Mozzarella sticks don’t actually contain any mozzarella?3 How dare you! Lawsuit.
Here are a few examples of products that failed to live up to lofty consumer expectations.
Burnt by the sun
Benjamin Careathers sued Red Bull for false advertising, claiming that while he knows that Red Bull won’t literally give you “wiiiiings,” it was dishonest advertising because Red Bull should give a higher energy boost than coffee.4 It turns out that Red Bull actually has less caffeine than an average cup of coffee. Careathers won, and Red Bull shelled out $13 million to customers. Anyone in the U.S. who bought at least one can of Red Bull (no proof of purchase required) was entitled to $10 cash or $15 worth of Red Bull product.5
Melting under pressure
Amanda Ramirez sued Kraft over the statement on the packaging of Velveeta Shells & Cheese Original Microwaveable that states “Ready within 3½ minutes.”6 She alleged that these instructions only describe the cooking time and fail to take into account the time it takes to remove the lid, add the cheese sauce, add water, and stir. Had she known it would take longer than the stated time, she claimed she never would have purchased the product. Ramirez was seeking $5 million, but a judge dismissed the case because she “suffered no injury.”
De minimis lime
Rachael Barnett sued Frito-Lay after her experience with their Hint of Lime Tostitos soured.7 Barnett argued that “she expected it would have more of the named fruit ingredient, not just for flavor but for its nutritive value.” Her claim argued people increasingly turn to snacks that provide a healthy indulgence through ingredients associated with positive health benefits. The case was voluntarily dismissed, indicating a probable settlement. Note: This was the same attorney that represented Ramirez in the Shells & Cheese case. Spencer Sheehan is apparently known mostly for going after vanilla-flavored products that contain no actual vanilla and is known as “the Vanilla Vigilante.”8
While it may seem like fast money, these types of suits are very often (rightfully) dismissed. But if the plaintiff does win, the settlement is probably taxable and don’t forget about attorney fees, which take up a minimum of 25% to 30% of the legal award/settlement. Remember that individual taxpayers can no longer deduct attorney fees and costs following OBBBA making permanent the repeal of the 2% miscellaneous itemized deduction. However, an above-the-line deduction from gross income is still available if the fees and costs are paid in connection with any action involving a claim of unlawful discrimination (the above suits no doubt would not fall into this category).
