Can I sue Costco for selling wrong food

[quincy]

Maybe, maybe not. Are they using the round slices or the little cubed versions of pepperoni that can hide like so many little ticking time bombs amongst the cheese, onions and olives?

Google "photos of Costco's pepperoni pizzas" and the photos show large round pepperoni slices sitting on top of the cheese and sauce of the pizzas. This is not to say, however, that it might not be possible for a pepperoni slice or a portion of a pepperoni slice to sneak itself onto a vegetarian pizza and hide under the vegetables. You can see how well a pepperoni could be hidden by the vegetables if you Google "photos of Costco's vegetarian pizzas."

That said, IF a Costco pepperoni were to find a vegetarian pizza and hide itself among the vegetables, it would not be a "pepperoni pizza" but rather a "vegetarian pizza" with a random pepperoni or two hidden on it. The pepperoni pizzas are without question pepperoni pizzas.



As an aside: There can be nominal compensatory damages awarded when there is no showing of actual damage but there can often be punitive damages awarded of sizeable sums in these cases (with the nominal damages allowing for an award of punitive damages).