Sunday, October 24, 2004
I did not see how tobacco companies could be held liable on any sort of products liability theory back when that was a new tort, but now it is an old tort and nobody seems amazed. I will not be at all amazed when the tide turns against "junk food" purveyors--people can laugh now about the idea of suing McDonalds for obesity, but the science is emerging. I don't have an opinion about the social policy of it all, but the legal argument that will bootstrap the science into a basis for liability is closer than any of us think.
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