Problem: Tuna fish sold in the United States generally contain small amounts of mercury, an odorless, colorless, tasteless, poisonous heavy metal. Bumble Bee promoted its tuna fish as an "excellent and safe source of high-quality protein , vitamins, minerals and omega-3 fatty acids" as well as being low in saturated fats and carbohydrates, and touted its beige "heart healthy" with no mention of mercury. Lee P. ate roughly ten six-ounce cans of Bumble Bee tuna fish per week for two years. He bought the tuna, usually from sale, from his local grocer. When he began to experience chest pain, heart conditions, sweatiness, dizziness, and lightheadedness, he feared a heart condition. Instead his doctor eventually diagnosed it as mercury poisoning. In addition to lost work, he incurred medical expenses until he stopped eating tuna.
(a) What legal remedies are available to Lee?
(b) What arguments can you make on behalf of potential defendants?
(c) Do an ethical analysis of Bumblebee's making practice.
(d) Suppose you are a store manager in an "organic" grocery. How would you display tuna fish?
(e) Research: Find out what happened in the actual case. Porrazzo v. Bumble Bee Foods