The Mouse in the Bottle: An Historical Survey of Some Legal Responses

Abstract

This article provides an historical survey and analysis of product-liability actions concerning contamination of bottled and canned soft drinks, particularly “soda” or “pop.” It concludes that (1) legal responses – ranging from skepticism to outrage to often stilted judicial humour – appear to mirror cultural ambivalence about industrialization and the treatment of food as a commodity; (2) reported actions signal the reluctant but steady shifting of responsibility from purchaser to seller.

Keywords: commercial law, torts, product liability, sale of goods, Cokelore, urban legend