Here’s a prime example of the type of lawsuit that gives both lawyers and vexatious litigants a bad name. The law firm of Reese, Richman and Williams of New York, NY, on behalf of Plaintiff Timothy Dahl, has sued Mott’s LLP and Dr. Pepper Snapple Group, makers of Yoo-Hoo, for deceptive advertising. According to the lawsuit, Yoo-Hoo has, since its inception several decades ago, been misleading and lying to its customers claiming that the soft drink product is ‘good for them’ when, in fact, it contains dreaded ‘partially hydrogenated vegetable oil.’
The suit seeks class action status, an order enjoining the marketing of Yoo-Hoo has being good for its consumers, and a hefty $5,000,0000 damages request. Are you kidding me?
I agree with Legal Blog Watch, the source of this story, that “if there’s a beverage that can instantly bring to mind happy times,” it’s Yoo-Hoo. As a kid, I drank as much of this stuff as I could get my hands on. At 40, I suffer no ill effects from ‘partially hydrogenated vegetable oil.’ In my opinion, we have liquids to worry about these days other than Yoo-Hoo like, perhaps, the millions of barrels of sludge filling the Gulf of Mexico. These lawyers ought to be ashamed of themselves, and I can only hope that the U.S. District Court for the Eastern District of New York will send this lawsuit to the trash bin where it belongs.
In the meantime, if you want a chuckle, check out the Plaintiff’s Complaint in the Box. And, thanks to Legal Blog Watch for the story.