What the F?!
RONALD BALL OF Madison County, Il. is suing PepsiCo, the maker of Mountain Dew soft drink. Ball claims that in November 2009 he purchased a can of Mountain Dew from a vending machine that tasted foul. Ball poured the rest of the drink into a styrofoam cup and discovered the problem: The contaminant was a dead mouse.
Ball sent the mouse’s body to PepsiCo, where it was destroyed. He is seeking $50,000 in damages because of the incident, according to the Madison Record.
PepsiCo has motioned to dismiss the case using expert testimony—a veterinary pathologist examined the mouse and concluded that the rodent could not have been in the can when it left the factory in August 2008.
According to the veterinarian, in the period of time between canning the soda and Ball drinking it, the mouse would have dissolved and turned into a “jelly-like substance” due to the acid in Mountain Dew.
PepsiCo responded to Ball’s claim last April, saying he has no evidence the mouse was in the Mountain Dew can before it left the bottling plant. The company claims the mouse must have entered the container after it left the plant and PepsiCo’s control.
Ball cited witness testimony regarding the presence of the mouse in his drink and argued for judgment in his favour, saying PepsiCo is liable for the quality of its products.
The case has been ongoing since 2009, with multiple attempts on the part of PepsiCo to have the case dismissed. Ball continues to file amended complaints and seek damages. In December 2011, judge Dennis Ruth gave PepsiCo until Jan. 11, 2012 to answer or plead to Ball’s second amended complaint. The next hearing will take place in July 2012.
—Abria Mattina
