Pepsi Co., facing a lawsuit from a man who claims to have found a mouse in
his Mountain Dew can, has an especially creative, if disgusting, defense:
their soda would have dissolved a dead mouse before the man could have
found it. An Illinois man sued Pepsi in 2009 after he claims he "spat out the
soda to reveal a dead mouse," the *Madison County Record*
reports<http://us.lrd.yahoo.com/_ylt=AiVF7SO5ZcX0BIXf8jTJwuC1qHQA;_ylu=X3oDMTFqMDgxZXM0BG1pdANBcnRpY2xlIEJvZHkEcG9zAzEEc2VjA01lZGlhQXJ0aWNsZUJvZHlBc3NlbWJseQ--;_ylg=X3oDMTJwOWx0ODJrBGludGwDdXMEbGFuZwNlbi11cwRwc3RhaWQDN2M3MDUyYjEtZWU3MS0zZWU0LTliZTYtMjBiNzVjOGUwMzg5BHBzdGNhdAMEcHQDc3RvcnlwYWdlBHRlc3QD;_ylv=0/SIG=13toqnn0j/EXP=1326899762/**http%3A//www.madisonrecord.com/news/240607-pepsico-granted-more-time-to-plead-in-mouse-in-mountain-dew-case>.
He claims he sent the mouse to
Pepsi<http://us.lrd.yahoo.com/_ylt=An_0N_4X3d8n_okTW7__0s61qHQA;_ylu=X3oDMTFqaWd2Ymg3BG1pdANBcnRpY2xlIEJvZHkEcG9zAzIEc2VjA01lZGlhQXJ0aWNsZUJvZHlBc3NlbWJseQ--;_ylg=X3oDMTJwOWx0ODJrBGludGwDdXMEbGFuZwNlbi11cwRwc3RhaWQDN2M3MDUyYjEtZWU3MS0zZWU0LTliZTYtMjBiNzVjOGUwMzg5BHBzdGNhdAMEcHQDc3RvcnlwYWdlBHRlc3QD;_ylv=0/SIG=13hgd21bf/EXP=1326899762/**http%3A//www.madisonrecord.com/news/218815-swig-of-mountain-dew-included-dead-mouse-suit-claims>,
which then "destroyed" the remains after he allowed them to test it,
according to his complaint. Most shudder-worthy, however, is that Pepsi's
lawyers also found experts to testify, based on the state of the remains
sent to them that, "the mouse would have dissolved in the soda had it been
in the can from the time of its bottling until the day the plaintiff drank
it," according to the *Record*. (It would have become a "jelly-like
substance," according to Pepsi, adds
LegalNewsline<http://us.lrd.yahoo.com/_ylt=AqaRTpI9oGzwZFqbekx84wi1qHQA;_ylu=X3oDMTFqaTNjbzlmBG1pdANBcnRpY2xlIEJvZHkEcG9zAzMEc2VjA01lZGlhQXJ0aWNsZUJvZHlBc3NlbWJseQ--;_ylg=X3oDMTJwOWx0ODJrBGludGwDdXMEbGFuZwNlbi11cwRwc3RhaWQDN2M3MDUyYjEtZWU3MS0zZWU0LTliZTYtMjBiNzVjOGUwMzg5BHBzdGNhdAMEcHQDc3RvcnlwYWdlBHRlc3QD;_ylv=0/SIG=13bk4n8mv/EXP=1326899762/**http%3A//www.legalnewsline.com/news/227856-mt.-dew-mouse-would-be-jelly-like-pepsi-argues>.)
This seems like a winning-the-battle-while-surrendering-the-war kind of
strategy that hinges on winning the argument that "our product is
essentially a can of battery acid." The lawyers still appear to be
lawyering behind the scenes but we cannot wait for this to come to trial
(though we think a trial is about as likely as the chances of us "Doing the
Dew" again).
*The Atlantic Wire – Mon, Jan 2, 2012*
[Non-text portions of this message have been removed]
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