HSP_MGMT 1133 1st Edition Lecture 29 Outline of Last Lecture I. Alternative theories to negligencea. Breach of warrantyb. Strict liability c. Tort theoriesd. Contract theoriesi. Common fact situations in food lawsuitsOutline of Current Lecture II. Jack in the box caseIII. Food suitsa. Donated foodb. Truth in menu lawsc. Tampering with foodd. Veggie libel lawse. Obesity litigationIV. Tort reform lawsCurrent LectureJack in the Box case—Several Jack in the Box stores on the west coast sold tainted meat that was given to them by their supplier, Jack in the Box also was not cooking their meat thoroughly; dozens of people including children were severely ill with E-coli and died because of it. Early 90s. These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- Hazard analysis critical control system- HACCP program- sets up critical control points of delivery methods (intake, storage, preparation, service, etc), this program recognizes these hazards and stops them from occurring- Jack in the Box was the first to implement the HACCP program after this incident- Not all restaurants have to have this program, but it is a good idea for them to do What about donated food?- Can you be sued if something goes wrong in a food donation? Yes, if there is a problem with the food you can be sued for it - Bill Emerson food donation act- sponsored the law that says if you donate food to a food rescue program you can’t be suedWhat are Truth in menu laws?- Collection of laws that impose penalties if there is something false claimed on your menuo Ex: preparation style, ingredients, origin, portion sizes, and health benefits; sayingyou have homemade French fries but really they’re frozeno Also applies to visual depictions of what the food will look likeCrimes for tampering with the food supply- Domino’s workers took a video of themselves messing with the food at Domino’s before it went out to customers, both were fired and sued for distribution of improper foodsFood disparagement (veggie libel) laws- Veggie libel laws- laws designed to protect the beef industry - You can sue people who make false statements about the food industry- Called veggie libel laws because it was suggested that vegetarians were behind the false statements being spread about beef/meatObesity litigation- Suing fast food industries because people were becoming obese - MO law- Common sense consumption acto Began in 2005, says the general rule is that we do not allow for lawsuits against food providers for obesity related issueso One exception: if the plaintiff can prove that the obesity was as a result of mislabeled food, falsely labeled food, etc, then they can sue for their obesityTort reform---what is it?- Movement to change the tort system to make it more favorable for defendantso Insurance companies, banks, corporations are behind it—people with deep pockets that are worried about suits Remedies for a frivolous lawsuit--How effective are these remedies?- Frivolous- a suit that’s judged without foundation—court says you don’t get anything- What can you do?o Wait until the suit is done, and then you counter sueo Ask for sanctions against the attorney that filed the suito ^Both these options were not good enough options, so the court system came up with the idea of tort reformo Tort reform is a group of laws, not just one law. It covers many different cases Ex: the common sense consumption law (see above)- A lot of states have damage caps- they limit the amount of money that can be awarded in a tort suit- Just makes it harder to sue these types of people or limits the amount of money that people can get when they do sue these types of
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