According to an article in Thursday’s LA Times, a California woman filed a class action lawsuit against Kraft for misrepresentation because its guacamole dip didn’t have enough avocado in it.
Now, just hold on a minute. I know what you’re thinking—another frivolous lawsuit, right? Wrong. You should be ashamed of yourself. Read the LA Times article. Believe me, you don’t file a lawsuit like this unless you have an FDA rule tucked under your belt telling you exactly how much avocado should be in guacamole.
“[T]he Food and Drug Administration has no legal standard mandating how much avocado should be in guacamole.”OK, so there’s no FDA rule. No worries. That doesn’t mean the package isn’t misleading. Certainly, for someone to actually file a lawsuit against Kraft for misrepresentation, the label must not list how much avocado is in the dip.
“If consumers read the fine print, they would discover that Kraft Dips Guacamole contains less than 2% avocado … All of the ingredients are listed on the label for consumers to reference.”Alright, alright. So the package tells you exactly how much avocado is in the dip. But that doesn’t mean she hasn’t been injured. You can’t sue somebody unless you’ve been injured. And I’ll bet you dollars-to-donuts that she suffered some grave and serious injury—one that will tug at the jury’s heartstrings, one that we can all relate to.
“Brenda Lifsey, the plaintiff, said she made a three-layer dip with Kraft guacamole last year only to discover that it contained almost none of the ingredient she most expected: avocado. ‘It just didn't taste avocadoey,’ said Lifsey….”OK, so…no injury either. Hmm. Well, look, don’t judge this woman too harshly. I mean, it’s not like she’s one of those people who has made a career out of suing large corporations.
“Lifsey has been a plaintiff in other lawsuits against large corporations. A few years ago, she joined a lawsuit against Sears, claiming that the retailer misrepresented that its Craftsman tools were U.S. made. That case is still in the courts. She also was part of a suit filed last year against vehicle reporting service Carfax Inc., alleging that it did not have access to police accident reports in California and other states even though it advertised that it could provide vehicle history records. Carfax denied the claims.”Oh well, Brenda. I tried.