Did Hershey Just Make a Legal Whopper? Company Defends Underfilled Box With “Audible Rattle Defense”

Whoppers_boxHershey company just made a novel, if unsuccessful, defense against a lawsuit claiming that it routinely underfilled boxes of Reese’s Pieces and Whoppers. We have all experienced that moment of irritation when we opened a box of candy to find it half full.  After Robert Bratton sued, the company argued that the “audible rattle” was sufficient warning for consumers.  That did not prove enough for U.S. District Judge Nanette Laughrey of the Western District of Missouri, at least for the purposes of pre-trial dismissal.  Laughrey has green lighted the case for a full trial.


Continue reading

Agricultural Scientist Responds To Oregon County’s Mandate To Apply Herbicides To Organic Farm

By Darren Smith, Weekend Contributor

Yesterday I fielded an article concerning a rather distressing mandate by an Oregon county weed control agency seeking to force the application of hazardous herbicides onto a 2,000 acre organic farm owned by Azure Farms. Sherman County Oregon maintains this scorched earth policy is necessary to abate, or more specifically “eradicate”, weeds listed by state statute as noxious.

Now, the scientific community is responding to this overreaching government action by acting in the interests of health and responsible environmental stewardship through advocacy in the hopes that officials in Sherman County will reconsider their mandate.

Dr. Charles Benbrook is a highly credentialed research professor and expert serving on several boards of directors for agribusiness and natural resources organizations. Having read news of Sherman County’s actions, he penned an authoritative response I believe will make informative reading for those concerned by present and future implications in the forced use of herbicides under the rubric of noxious weed eradication, and the damage to organic farming generally arising from such mandates.

Continue reading

Teed Off: Frozen Hash Browns At Roundy’s and Harris Teeter Recalled After Discovery Of Ground Up Golf Balls


We recently discussed the discovery of a dead bat in a salad bag.  It appears that you can also have some ground golf ball to go with your salad if you shop at Harris Teeter.  Frozen hash browns sold in nine states by Harris Teeter and Roundy’s were found to have pieces of golf balls.  McCain Foods USA’s recall notice said the golf balls apparently were “inadvertently harvested” along with the potatoes and chopped up.

Continue reading

“Organic Mix”: Walmart Fresh Express Lettuce Found Containing Dead Bat

Continue reading

Two People Die in Separate Eating Competitions in Connecticut and Colorado

caitlin-nelson-facebook-3image1_1491240579424_9136742_ver1.0We have previously discussed (and here and here)the liability issues associated with eating competitions.  This week we have see two deaths in pancake eating and doughnut eating competitions.  Caitline Nelson, 20, died at a fraternity and sorority event at Sacred Heart University in Fairfield, Connecticut.  Travis Malouff, 42, died in a giant donut competition in Denver, Colorado.

Continue reading

Federal Court Rules That Trump May Have Incited Violence At Kentucky Rally

David_J._Haledonald_trump_president-elect_portrait_croppedIn Kentucky, United States District Court Judge David J. Hale has ruled that President Donald Trump’s statements at a campaign rally could be viewed as incitement to violence.  At a March 2016 rally, Trump told supporters to :get ’em out of here” in reference to protesters. Supporters proceeded to assault protesters Henry Brousseau, Kashiya Nwanguma, and Molly Shah who filed this action.  Hale rejected the claims that the lawsuit violates President Trump’s free speech protections.  They are suing for incitement to riot, vicarious liability, and negligence.

Continue reading