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02-12-2009, 11:49 AM
| | Senior Member | | Join Date: Sep 2008
Posts: 3,763
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Originally Posted by You Are Guilty Arguably, the damages here are higher than the typical "replace the food & a coupon" type cases thanks to the religious implications. However, because they are so abstract, quantifying them is essentially impossible (i.e. would a rabbi be entitled to more money because he's more religious than the "average" Jew?)
Therefore, the answer is likely going to be "refund and some coupons", but it would not surprise me if someone is able to dig up a small claims case somewhere in which the consumer won more than nominal damages for a "religious injury". (Nor would it surprise me if that decision was promptly overturned). | Yeah, that was the horns of the dilemma I was outlining.
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Originally Posted by jdslilangel Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer. | | 
02-12-2009, 12:09 PM
| | Senior Member | | Join Date: Nov 2005 Location: New Vertiform City
Posts: 5,128
| | Quote:
Originally Posted by You Are Guilty Arguably, the damages here are higher than the typical "replace the food & a coupon" type cases thanks to the religious implications. However, because they are so abstract, quantifying them is essentially impossible (i.e. would a rabbi be entitled to more money because he's more religious than the "average" Jew?)
Therefore, the answer is likely going to be "refund and some coupons", but it would not surprise me if someone is able to dig up a small claims case somewhere in which the consumer won more than nominal damages for a "religious injury". (Nor would it surprise me if that decision was promptly overturned). | The problem (for this poster) is that MarsM&M's has done nothing tortious, even if there are damages.
They have no duty beyond the standards enshrined in law to ensure that the candy contains no contaminants.
Had this been a result of negligence or intent, maybe.
But a candy-maker can't, won't and doesn't have to ensure a rigorously kosher product, or even a product free of bugs.
__________________ I've often thought of becoming a golf club. | 
02-12-2009, 02:26 PM
| | Senior Member | | Join Date: Jun 2004
Posts: 7,574
| | | Since I have no clue what the Kosher Rules actually are, I have no way of even guessing whether having a bug in the candy was negligent. Either way, looks like some more free M&Ms for our poster.
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Originally Posted by me Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket. | | 
02-12-2009, 02:36 PM
| | Junior Member | | Join Date: Feb 2009
Posts: 4
| | thanks for the feedback and advice everyone! honestly though, i don't think i'd ever eat another m&m in my life. maybe they could give me some coupons for a nestle product or something  | 
02-12-2009, 04:15 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,775
| | | I have a decent lay-jewish-person's understanding of the rules. It mostly involves keeping meat and dairy products separate, insuring no INTENTIONAL introduction of non-kosher items (such as bugs, or bacon), and certain standards of cleanliness which are probably higher then the USDA. But even if all the rules are followed and the stamp of approval is given, things do slip through the cracks. The kosher approval is on the FACILITY, not each individual product coming off the line.
__________________ Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
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02-13-2009, 06:36 PM
| | Senior Member | | Join Date: Apr 2002 Location: snowland
Posts: 6,824
| | | Sounds like you have punished your self enough with worry about this so it would be a good time for you to learn the art of making candy from scratch so you know what has gone in it. Im sure if you let it be known at temples that you would like someone to teach you how to make homemade candy from scratch that someone would come forward! ( you will save your self a ton of money too , & gain a skill you can re teach to the next generation or share when you return) legally dont expect much , If you must then notify them. Just dont expect much from it, things happen! | 
02-14-2009, 04:43 PM
| | Senior Member | | Join Date: Aug 2008 Location: Back in LA LA land
Posts: 1,690
| | Quote:
Originally Posted by FarmerJ Sounds like you have punished your self enough with worry about this so it would be a good time for you to learn the art of making candy from scratch so you know what has gone in it. | Until he realizes that ants got into his sugar supply and then he's back to where he started from...
__________________ "Anyone who trades liberty for security deserves neither liberty nor security” ~ Benjamin Franklin | 
02-27-2009, 02:29 PM
| | Junior Member | | Join Date: Feb 2009
Posts: 21
| | Quote:
Originally Posted by mvpjsand the m&ms where bought in target in indianpolis. i'm in israel for school and i brought them with me from indy. nobody can help if a bug flies into your mouth, but a bug in a peice of candy certified kosher is very troubling for me (i'd be troubled also if i swallowed the bug that flew into my mouth too). judaism makes the seperation between sins done on accident or on purpose, but it is still considered a sin! when a fly comes into my mouth and i eat it, noone in the world has control over this, but when you buy a product and a giant ant is INSIDE the candy, a company has controll over this. if this where posion that acidently came into the candy that too is in control of the company. | This is why I'm not an orthodox jew. Theology aside, a company does to an extent have control over what goes into it's products. However, to the best of my knowledge are allowed a margin of error.
Not something I would pursue personally. Ask yourself this since this seems to be a religious matter. Will God condemn you for mistakenly eating something that isn't kosher? Or for filing a lawsuit to get money for a mistake? My personal belief is neither. | 
02-27-2009, 09:47 PM
| | Senior Member | | Join Date: Feb 2006 Location: Deep East Texas
Posts: 1,246
| | Quote:
Originally Posted by mvpjsand i can post a picture for anyone who wants to see. it is a big carpenter ant and half of its body is inside the other half of the m&m that i didn't eat, while part of its body is hanging where i bit off half of the m&m. i don't know about you, but i have no idea how to place an ant into chocolate without melting the m&m while keeping the shell perfectly intact. | Carpenter ants don't eat chocolate.
__________________ Quote:
Originally Posted by dolly09 Apparently others (those who have obviously received no further education than a diploma or more likely a G.E.D) quitting a sorority does not implicate you have quit college. ....I am receiving my masters in Communication in two weeks.
Private message from dolly a few days later: "when did communications have anything to do with grammar and puncutation." | | |
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