Indeed, lawyers argue that securities litigation and consumer class actions are necessary to discipline corporations that face no other brake on their bad behavior given the dysfunctional regulatory system.
That case tests whether businesses can short-circuit a consumer class action by invoking the federal Arbitration Act, which encourages arbitration instead of litigation.
As CSPI litigation director Stephen Gardner told Bulletproofblog, the suit claims such marketing is illegal under various state consumer protection laws irrespective of the alleged health risks.
Without any evidence of antitrust violations or consumer harm, the legal hurdles would be too high to bring a search case that would inevitably result in protracted litigation with little chance of success.