Another wacky lawsuit: woman sues Kraft over amount of avocado in guacamole (1 Viewer)

[nolesrule]

The original argument was about package labeling, not going out of one's way to look up recipes and the average consumer doesn't have access to Kraft's online recipe database while standing in the refrigerator section of their supermarket. My point still stands.

 

[Eric_L]

still - a bad recipe should not be a litigious event.

Kurt may be willing to send the guys in dark suits to coerce the manufactureres, but most folks see it as what it really is - a lawyers desperate money grab with a very weak presumption. Lets just hope rational minds prevail.

 

[nolesrule]

Why are we still talking about recipes? This has nothing to do with recipes.

This has to do do with whatever slop is in the container containing a significant amount of avocado.

 

[MarkHastings]

The real crux of the thread is the law suit. It doesn't matter how much avocado is in the dip because the FDA doesn't require a particular amount.

Like I keep saying, if the FDA isn't going to mandate an amount, then you (as the consumer) better do some homework when buying food products. Just as I (and others) do. Stop assuming the FDA is going to look out for you and start looking out for yourself. It's not that hard either. I'm not asking you to do comparative research at the library, I'm just asking that you peruse the ingredients.

I don't understand people who just grab shit off the shelf and eat it without (at least) looking at what's in it first.

 

[nolesrule]

You do realize that whether someone purchased it or not, the lawsuit is well founded because what is in the tub is not guacamole dip? It is a misleading product name.

Why does the FDA have to make all food-related decisions as to what constitutes a midleading product name? I think it's time to stop bringing the FDA and Kraft's recipes into this conversation, because they are wholly irrelevent to the discussion.

Everyone who thinks "of course the coffee is hot" could reasonably think "of course there's avocado in guacamole dip".

 

[MarkHastings]

Because if you allow consumers to make that decision, you'll have THOUSANDS of law suits. Are we going to allow everyone who doesn't think a product (that doesn't follow their idea of a recipe) is fraudulent?

Can I sue Ragu because they're product doesn't use the same ingredients my mom uses?
Can I sue Tollhouse for using tropical oils, when no recipe ever calls for tropical oil?
Can I sue the makers of Grape Nuts cereal for not having grapes or nuts in the cereal?

etc. etc.

What about Ken's example of Milk not being 100% milk? Do I have a case if I sue? I'm going to be rich!!!

We only should allow the FDA to make this decision because as this thread proves, whenever there are a bunch of people who have strong opinions, they will NEVER agree.

 

[JeremyErwin]

How hard is it to make your own guacamole. Walk down to the store, get some avocados, an onion, a pepper, a lime, maybe some garlic. mash, cut, squeeze, refrigerate, eat...

 

[nolesrule]

Well, sure, but some people are lazy.

 

[nolesrule]

Mark, there is a reasonableness test that has to take place with any of these lawsuit thinggies.



Is it reasonable if Ragu tomato sauce is not made by your mother's recipe?

Yes.

Is it reasonable if (hypothetically, I'm not making an actual claim) Ragu tomato sauce is not made with tomatoes?...and I'm not talking about subbing tomato paste.

No.

Is it reasonable for guacamole (avocado dip) or guacamole dip (creamy guacamole) to be made with out any avocado (or perhaps just enough to get it included on the ingredients list, say 5%)?

No.

As for your Tollhouse example (and I made a batch yesterday so I can check the ingredients on the package)....Cookies can contain oils. The primary ingredients are still flour and sugar.

Now, if they were Tollhouse chocolate chip cookies and the chocolate chips were actually made out of chocolate-flavored parafin, that would be a problem.

And Grape-Nuts... it says "Natural Whole Grain Wheat & Barley" on the front of the box, so that constitutes clarification that it's not made from the nuts of grapes.

 

[MarkHastings]

Yeah, is it reasonable to expect people to read labels?

Yes

 

[MarkHastings]

OH NO! Here we go again!
http://news.yahoo.com/s/ap/20061202/...aly_food_fight

 

[Eric_L]

Actually I would say it has less to do with lazy as much as shelf-life. Real guacamole has a freashness period measrured by minutes. People buying the flavored dip may be looking for something that can be resealed and used later - such as single people who would not eat it all at once sitting. This also would explain why the dip is so much different than real guacamole - the very short freshness period of avocados.


Mark, good find!

"I was in China four days ago, and in a supermarket in Shanghai I bought balsamic vinegar from Modena — with the label written in Italian — that was made in Germany!" Falcioni said.


Reminds me of a skit I once saw where a guy with a thick Brooklyn accent answered a phone "Heeeey, How you doin! Thanks for calling Tony's Authentic Chinese Cusine! What can I get for yous?"

 

[JeremyErwin]

Well, this appears to be an example of "if you can't tell the difference..."

your tongue should be removed and fed to pigs destined for the gourmet market

Hmm. Do I buy the KRAFT pregrated parmesan style cheese or do I buy (wedges from) the 24 month aged wheels of Parmigiano-Reggiano?

 

[RobertR]

Bleh. The all too common "I want to use political power to protect my business from competition" tactic.

 

[MarkHastings]

Chef boyardee was a REAL Italian chef....So what are they telling me, that the stuff in the can is not authentic Italian Cuisine that is made in italy???

What the hell! I've been duped!!! Get my lawyer!!

 

[JeremyErwin]

Hold on a second, here. Food, especially processed food, is sold based on a label. The label is in essence, a warranty-- it will taste of avocados, or it will taste of parmesan cheese. And after getting home, you can taste the food and see if label tells the truth.


The problem with parmesan cheese is that authentic parmesan cheese is produced according to industrial processes that are expensive-- but produce a distinct flavour not present in American varieties-- nutty, a bit tangy. (This flavour is often difficult to integrate into American recipes that are based around blander cheeses.) It would be easier for the parmesan processors to sell their products if meant parmesan, and it would be easier for the parmesan lovers of the world to buy parmesan cheese if they could trust the label.

 

[Ken Chan]

But maybe now they will. And whose fault is that? In a way, it's Kraft's. If they made their dip with mostly avocados, there wouldn't be complaints about that, and they would have control over their recipe, and change it whenever. But now that they've clearly "crossed the line", someone makes a big stink about how "there oughta be a law", and then there's another couple more pages in the books; when it all would have been a lot better if all the parties involved had used a little common sense.

 

[JeremyErwin]

I believe "cocktail' is also used. An easier way may be to avoid "juices" with "high fructose corn syrup".

 

[Chu Gai]

I'm concerned that these typical or normal consumers who managed to not read the label and never realised that avocado wasn't the main ingredient also vote.

 

[MarkHastings]

LOL - I know this is off topic, but Chu's post reminded me of something that just happened last week...

I visit another forum that allows "Mature/Adult" threads. At one point, the ownership of the site was given up and someone else took it over. Not only were there warnings about the change, but the URL also changed.

Anyways, the new ownership allowed for posting of nude photos where the old owner didn't.

So in the new threads, some guy posted an ANGRY thread saying nasty things about how the site had turned into a porn site and how appauled he was and how pissed he was, etc. etc.

Anyways, the warning at the head of the site mentioned the change and the content in the site. When this was mentioned to the angry poster, he had the gaul to say something to the tune of:

"I am 19 years old and don't bother reading disclaimers on web sites because those are meant for under age kids."

- It's amazing how people just go on blind faith now a days, and then get angry when their blind expectations don't match the product.