Tort Law
Lactose-Suit Intolerant Court Tosses Warning Claim
Posted Nov 19, 2007, 01:01 pm CST
By Debra Cassens Weiss
A federal appeals court has tossed a lawsuit against milk producers that sought labels warning of the possibility of lactose intolerance.
The U.S. Court of Appeals for the D.C. Circuit said in its opinion (PDF) released Friday that there is no liability for failure to warn about the widely known risks of consuming milk, Law.com reports. The suit was brought on behalf of lactose-intolerant consumers who drank milk before they became aware it could cause gas and stomach discomfort.
"A bout of gas or indigestion does not justify a race to the courthouse,” the court said. “Indeed, were the rule otherwise, a variety of food manufacturers as well as stadiums, bars, restaurants, convenience stores, and hot dog stands throughout the country would be liable to millions of would-be plaintiffs every day. Plaintiffs' novel claim falls far short of what D.C. law requires."