This is the Drug and Device Law blog, but sometimes we discuss cases that do not involve drugs or medical devices. We do so when the cases offer some sort of principle or object lesson that might prove useful. Such is the case with Kidd v. Conagra Foods, Inc., 2012 U.S. Dist. LEXIS 2725 (N.D. Ga. Jan. 9, 2012). It is from the peanut butter MDL.
Truth be told, we've always loved peanut butter. It's a yummy source of protein. It also carries a whiff of nostalgia. It seemed to the Drug and Device Law Toddler that a peanut butter and jelly sandwich was an absolutely unimproveable lunch item, especially with the chunky version of peanut butter. Our dietary proclivities have acquired more sophistication over the years, but old habits and tastes die hard. Once we were defending a criminal case and the prosecutor proposed to resolve the case by giving us a PBJ. Wow - not only would our client avoid jail time, but we'd get a scrumptious snack out of the deal. Turns out we were right about no jail time, but wrong about the culinary component -- PBJ meant "probation before judgment." Like peanut butter itself, the outcome seemed bittersweet.
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