The Coffee House

[waday]

Is it just me or does anyone else see a "are you kidding me" factor to this? Woman sues Jelly Belly, claiming she didn’t know jelly beans were packed with sugar

Ignorance isn't an excuse. She didn't read the packaging, so that's all on her.

Not necessarily in our legal system the courts have on several occasions added the test of whether the individual in question had the ability to determine the degree of the risk.

I have no doubt that in some circumstances that may be true.

In a situation where someone is buying candy, I think the likelihood of that candy containing sugar is pretty high. If the person is specifically buying it for "athletic performance", the likelihood that the person would have read the nutrition facts is even higher. If the person is specifically buying it because they thought that it didn't have sugar, the likelihood that they would have read the nutrition facts should be even higher.

I'd be interested to hear how this woman thought it was sugar free in the first place. If you do an image search for "jelly belly sport beans", you'll see the packaging. No where does it say "sugar free".

It'll be interesting to see how this case turns out.

 

[waday]

...If they added "cane juice", they have to say "cane juice", no? They can't say "sugar" if they didn't add sugar explicitly.

Absolutely, but the key word is "evaporated". Once a juice has been evaporated, it's no longer a juice. Again, I'm not disagreeing that this is clearly a money grab, nor that you would have to be three flavours of a moron to make a claim like, "I didn't know jelly beans had sugar in them!". What I am saying is that using a term such as "evaporated [sugar] cane juice" instead of sugar, or, even "Sweetener derived from evaporated sugar cane juice" is a deliberate attempt to mislead the consumer.

I have no idea. If it was sugar they put in, I would agree. But, I've seen evaporated milk, and that's not evaporated at all!

 

[smoke665]

have no doubt that in some circumstances that may be true

It was in the McDonald's case and more recently Starbucks. The whole mentality these days seems to be eliminating any responsibility for personal actions.

 

[table1349]

...If they added "cane juice", they have to say "cane juice", no? They can't say "sugar" if they didn't add sugar explicitly.

Absolutely, but the key word is "evaporated". Once a juice has been evaporated, it's no longer a juice. Again, I'm not disagreeing that this is clearly a money grab, nor that you would have to be three flavours of a moron to make a claim like, "I didn't know jelly beans had sugar in them!". What I am saying is that using a term such as "evaporated [sugar] cane juice" instead of sugar, or, even "Sweetener derived from evaporated sugar cane juice" is a deliberate attempt to mislead the consumer.

I have no idea. If it was sugar they put in, I would agree. But, I've seen evaporated milk, and that's not evaporated at all!

Au contraire mon frere. Evaporated milk is evaporated. Do not confuse evaporated with dried or powdered. Get a can evaporated milk, open it and pour it out. It is thicker than milk, hence the evaporation.

Compare it to Condensed milk. Condensed milk is evaporated milk with sugar added. I often use evaporated milk in place of whole milk in things like custards as it adds a rich creaminess that whole milk does not. Evaporated milk can also be thinned with water to a milk like consistency if whole milk is needed although it does not make a good substitute for fresh milk for drinking.

 

[waday]

...If they added "cane juice", they have to say "cane juice", no? They can't say "sugar" if they didn't add sugar explicitly.

Absolutely, but the key word is "evaporated". Once a juice has been evaporated, it's no longer a juice. Again, I'm not disagreeing that this is clearly a money grab, nor that you would have to be three flavours of a moron to make a claim like, "I didn't know jelly beans had sugar in them!". What I am saying is that using a term such as "evaporated [sugar] cane juice" instead of sugar, or, even "Sweetener derived from evaporated sugar cane juice" is a deliberate attempt to mislead the consumer.

I have no idea. If it was sugar they put in, I would agree. But, I've seen evaporated milk, and that's not evaporated at all!

Au contraire mon frere. Evaporated milk is evaporated. Do not confuse evaporated with dried or powdered. Get a can evaporated milk, open it and pour it out. It is thicker than milk, hence the evaporation.

Compare it to Condensed milk. Condensed milk is evaporated milk with sugar added. I often use evaporated milk in place of whole milk in things like custards as it adds a rich creaminess that whole milk does not. Evaporated milk can also be thinned with water to a milk like consistency if whole milk is needed although it does not make a good substitute for fresh milk for drinking.

I was trying to make a funny. It didn't work out.

 

[table1349]

have no doubt that in some circumstances that may be true

It was in the McDonald's case and more recently Starbucks. The whole mentality these days seems to be eliminating any responsibility for personal actions.

Actually both cases do not revolve around eliminating responsibility, rather around the lack of responsibility to a reported, known issue.

In the McDonalds case, Liebeck v. McDonald's, prior to the aforementioned incident McDonalds admitted that they had received over 700 complaints of coffee being to hot with some people complaining about minor burns to the mouth etc as well as faulty cup design. They did nothing about the issue. If you notice, since that law suit McDonalds had not lowered the temp of their coffee, rather they have switched to a stronger cup/lid combo and upped their warnings about the danger of hot liquids.

As for Starbucks, the situation is similar. A Starbucks representative testified that the company gets 80 complaints a month about lid leaks and lids popping off. Starbucks’ attorneys argued that it “would not be relevant” to warn customers of the risk.

As of now, the Starbucks case is I believe sth ill in Limbo. Starbucks was considering appealing.

In both cases the issue was lack of warning/defective cups and lids.

 

[table1349]

...If they added "cane juice", they have to say "cane juice", no? They can't say "sugar" if they didn't add sugar explicitly.

Absolutely, but the key word is "evaporated". Once a juice has been evaporated, it's no longer a juice. Again, I'm not disagreeing that this is clearly a money grab, nor that you would have to be three flavours of a moron to make a claim like, "I didn't know jelly beans had sugar in them!". What I am saying is that using a term such as "evaporated [sugar] cane juice" instead of sugar, or, even "Sweetener derived from evaporated sugar cane juice" is a deliberate attempt to mislead the consumer.

I have no idea. If it was sugar they put in, I would agree. But, I've seen evaporated milk, and that's not evaporated at all!

Au contraire mon frere. Evaporated milk is evaporated. Do not confuse evaporated with dried or powdered. Get a can evaporated milk, open it and pour it out. It is thicker than milk, hence the evaporation.

Compare it to Condensed milk. Condensed milk is evaporated milk with sugar added. I often use evaporated milk in place of whole milk in things like custards as it adds a rich creaminess that whole milk does not. Evaporated milk can also be thinned with water to a milk like consistency if whole milk is needed although it does not make a good substitute for fresh milk for drinking.

I was trying to make a funny. It didn't work out.

You mean that the humor evaporated in the translation??? Not to say it was dry humor.

 

[Gary A.]

Mary Lou, Cook and Gary have finally arrived at our hotel for the first leg of our trip. We are in Gilroy, the self-proclaimed garlic capital of the world. We took the long way up, along the coast, enjoying the sights of the sand and surf, rolling oak dotted hills and hundreds of miles of vegetables and vineyards. We made multiple stops along the way, coffee, tea and blueberry scones in Santa Barbara, breakfast in Santa Maria, three wineries in the Edna Valley and clam chowder and fish & chips in San Luis Obispo. Mary Lou, The Cook and Gary are beat. We have a SFSU graduation to attend tomorrow at the AT&T Park.

When I was teaching ESL as a TA in grad school, we would sometimes use speaking lessons built on real NPR interviews/news pieces. One of the lessons was about a vineyard in Gilroy that made garlic wine. Many of the people who tasted it commented that it reminded them of salad dressing. I wonder if Gary is going to try some while in the garlic capital of the world

Yes, Garlic wine, Garlic ice cream ... Garlic everything ... the whole enchilada. Every strip mall here is named, Garlic Plaza, Garlic Marketplace, Garlic Salt, et al. Gary remembers in summer, stopping in Gilroy for gasoline and being overpowered by the garlic fragrance as soon as the door is opened.

 

[smoke665]

@gryphonslair99 as with all things legal the line gets blurred. In the case of the McDonald's case, regardless of the exact temperature of the coffee or prior complaints, the woman admitted to placing the cup (she testified on top of her knees, but there's no way to verify that it wasn't between her knees) while she removed the lid. Now regardless of if it's on top or between, the last a place a rational person would put a Styrofoam cup of hot coffee is on your lap, while attempting to remove the lid. It's an accident waiting to happen. Being a road junkie familiar with drive through food, I never place drinks (hot or cold) in my lap to remove the lid.

 

[Gary A.]

View attachment 140423
A skydiver drops in at breakfast.

Oh how fun. Staying at the D Day Hotel in Normandy I see. Does it come with an LCVP ride and perhaps the storming of La Selva Beach?


Okay, inquiring minds want to know, why is there a parachutist on the upstairs banister?

The D-Day Cafe ... lol ... the eatery is named Moxie and it is next to the airport in Santa Maria.

 

[Gary A.]

Mary Lou, The Cook and Gary are in San Francisco. We are grabbing a snack at Java Beach Cafe, this San Francisco, Bohemian type of coffee bar with fresh baked goods and sandwiches. It is freezing here ... Leo type of cold ... she would love San Francisco ... it is like Skull Island ... in perpetual fog and overcast with stiff freezing winds. Mary Lou loves this Esther ... Gary wants Sun. The coffee is quite good here. Many flavors, but all good.

The Java Beach Cafe was crowded and we sat at a common table. We met a very nice couple from Ireland. They have a river in their backyard. And also at our table was a San Francisco nut job ... (Gary figures that most people would consider San Francisco and nut job to be a redundant).

 

[Gary A.]

Wolff Winery

Gary is having a terrible time communicating with his iPhone and TPF. His laptop and tablet are okay, but the iPhone sucks.

 

[Gary A.]

More iPhone Stuff:

 

[table1349]

@gryphonslair99 as with all things legal the line gets blurred. In the case of the McDonald's case, regardless of the exact temperature of the coffee or prior complaints, the woman admitted to placing the cup (she testified on top of her knees, but there's no way to verify that it wasn't between her knees) while she removed the lid. Now regardless of if it's on top or between, the last a place a rational person would put a Styrofoam cup of hot coffee is on your lap, while attempting to remove the lid. It's an accident waiting to happen. Being a road junkie familiar with drive through food, I never place drinks (hot or cold) in my lap to remove the lid.

Not disagreeing, however McDonalds was stupid to admit in open court that there were over 700 prior complaints, and even stupider for not addressing the issue when it surfaced.

 

[table1349]

Mary Lou, The Cook and Gary are in San Francisco. We are grabbing a snack at Java Beach Cafe, this San Francisco, Bohemian type of coffee bar with fresh baked goods and sandwiches. It is freezing here ... Leo type of cold ... she would love San Francisco ... it is like Skull Island ... in perpetual fog and overcast with stiff freezing winds. Mary Lou loves this Esther ... Gary wants Sun. The coffee is quite good here. Many flavors, but all good.

The Java Beach Cafe was crowded and we sat at a common table. We met a very nice couple from Ireland. They have a river in their backyard. And also at our table was a San Francisco nut job ... (Gary figures that most people would consider San Francisco and nut job to be a redundant).

Be careful while in San Francisco. It's okay for Cook to run around naked, but not for Gary and Mary Lou any longer. Apparently San Francisco is trying to become or at least seem more main stream.