And then of course there is that concern for uniformity and expertise. Either it’s all Greek to America, or it isn’t. Or something like that. And here’s a non-surprise: “several recently-filed yogurt lawsuits throughout the country involve the same or similar issues as found in the instant suit. The increasing volume of this litigation creates the potential for inconsistent judicial rulings.” Id. Accordingly, the court dismissed the case without prejudice and directed the parties to initiate the proper proceedings with the FDA.
Call it a blow against an overly litigious culture.