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Wednesday, May 14, 2008

Reason for a Lawsuit?

I never usually drink soda but was very excited to see the Transformers being advertised on Pepsi bottles again. So I decided to buy one at the cafeteria at work. Looky at the bottle..

After drinking about a 1/3 of it, I noticed the expiration date. Looky now:

The image is fuzzy thanks to my cheap ass cell phone camera. But if you can decipher the above picture, you will notice that the Pepsi actually expired on October 10, 2007. ewww. It expired 7 months ago but the cafeteria still had it in the refrigerator along with other beverages and other Pepsi bottles with Transformer pics on them. ewww. Blasphemous! Should I sue the company for not changing its the bottles regularly?
Oh, and the pepsi tasted normal. At least to me it did. It was still carbonated and all, but ewww.


durkhaima said...


Missabstractcement said...

So you want to sue Pepsi…

Defenses that could prevent a successful product liability C.O.A:

The bottle’s expiry date has passed but it may be still in the cafeteria for a reason. The reason could be the Jewish holiday of Passover or Pesach. The holiday requires as a commandment that Jews follow kosher laws and not consume certain foods, mainly related to Wheat, Barley, Rye, Oats and even Corn (for the Ashkenazi Jews). Pepsi and Coke use corn syrup in their beverage making process. As it is forbidden to consume corn derivative product during the eight days of Passover, Coke and Pepsi reach out to their Jewish consumers by making special cola products. They make a real-sugar version and you can find these special ones by looking for yellow caps on the bottles. Sometimes, Coke has White caps instead of the standard red ones. What you drank was the special Pepsi.
Since, Passover was just two weeks ago, the Cafeteria probably decided to bring out their Kosher stash for the Jewish customers who are specifically looking for the yellow cap laden bottles at this time of the year (in case there was a shortage or they couldn’t afford new ones).
It could also be the fault of the distributor of the product and not the Cafeteria’s. However, you can hold both the Cafeteria and the Distributor to a reasonable standard of care and sue them under a theory of Negligence but not Pepsi in this case.

B. The real sugar version has a longer shelf life. The companies however required by the FDA have to put an expiration date on the bottles. This also helps them revolve their inventories to know how many more ‘Kosher for Passover’ bottles they need to make next year.

On a sidenote, be cautious when making your arguments because you want to be ethically sensitive and not sound one bit Anti-Semitic because of the product’s underlying purpose.

Disclaimer: I am not a lawyer, I am not affiliated to the parties aforementioned, nor do I subscribe to any customs narrated above. I’m just a bored blog reader who likes rambling  and I don’t drink aerated drinks at all.

Arranged? said...

thanks for the info abstract..

i wasnt' really planning to sue..

but your points explain why the pepsi still tasted normal even though it 'expired' on 10/07. :)