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Unlike with Big Tobacco, which has been the target of several successful class action lawsuits, including one for $800 billion in 2008, the track record for lawyers and plaintiffs filing lawsuits against Big Food hasn’t been so good. Attempts to sue fast-food chains like McDonald’s for “causing” obesity in its customers haven’t worked, although people do keep trying.

And then there’s the sine qua non of farcical, frivolous food company lawsuits — the dude in California who sued PepsiCo over Cap’n Crunch’s Crunch Berries because the candy-in-a-cereal-box didn’t contain real berries. Not only does that one not pass the legal “reasonable person should know” test, it doesn’t pass the “idiot person” test (though in fairness it does probably pass the Upper Class Twit Test); the presiding judge summarily dismissed the suit as “nonsense.”