I read this news article on Pepsi’s defense of a man who claimed to have found a mouse in his can of Mountain Dew.
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).
I’m thinking of an experiment: get some mice (should I get prekilled ones or kill them humanely myself?) and put them in several different mason jars filled with liquid.
For a mouse to have fallen out of a Mountain Dew can spout the mouse must have been very small, probably a pinkie baby mouse. Just to be thorough, I could do this experiment with pinkie mice and adult mice.
1. Mason Jar with mouse and Mountain Dew.
2. Mason jar with mouse and plain water.
3. Mason jar with mouse, water and lemon juice to match the PH balance of Mountain Dew.
4. Mason jar with mouse, water, sugar and lemon juice, again to match PH.
Fill the jars to capacity, drop in mouse, shake up, close, cover in a dark place and see what happens.
I love mountain dew and drink it every day. Is that a conflict of interest?