Finding Reason In The 'Reasonable Consumer'

By Anthony Anscombe and Darlene Alt (March 1, 2018, 11:41 AM EST) -- In the world of consumer product class actions, fact patterns may often sound like the prelude to a lawyer joke. Indeed, the punch lines to most lawyer jokes (think about three or four pinstriped suits collaborating to screw in a light bulb) focus on a lack of common sense, greed and personal unrelatability. "Did you hear about the lawyer who sued Kellogg's because he found out that Froot Loops do not contain fruit?" This question anticipates a witty barb, bada-boom ching, not a lugubrious "yeah, he really did that."[1] Class actions targeting common consumer products often present fertile grounds for mirth — the plaintiffs, suing on behalf of "reasonable" consumers, claim to have been duped by a product or conduct that most real consumers use every day and do not find the least bit offensive or unusual....

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