Pepsi Co., facing a lawsuit from a man who claims to have found a mouse in his Mountain Dew can, has an especially creative, if disgusting, defense: their soda would have dissolved a dead mouse before the man could have found it. An Illinois man sued Pepsi in 2009 after he claims he “spat out the soda to reveal a dead mouse,” the Madison County Record reports. He claims he sent the mouse to Pepsi, which then “destroyed” the remains after he allowed them to test it, according to his complaint.
Most shudder-worthy, however, is that Pepsi’s lawyers also found experts to testify, based on the state of the remains sent to them, that “the mouse would have dissolved in the soda had it been in the can from the time of its bottling until the day the plaintiff drank it,” according to the Record. (It would have become a “jelly-like substance,” according to Pepsi, adds LegalNewsline.) This seems like a winning-the-battle-while-surrendering-the-war kind of strategy that hinges on the argument that Pepsi’s product is essentially a can of bright green/yellow battery acid. The lawyers still appear to be lawyering behind the scenes but we cannot wait for this to come to trial (though we think a trial is about as likely as the chances of us “Doing the Dew” ever again).
Want to add to this story? Let us know in comments or send an email to the author at firstname.lastname@example.org. You can share ideas for stories on the Open Wire.