The U.S. Court of Appeals for the D.C. Circuit upheld the dismissal of a class action lawsuit which sought, among other things, to require sellers of milk to put labels on their containers warning consumers that some may experience adverse symptoms if they drink milk and are lactose intolerant.

According to court documents, the class of plaintiffs, defined as consisting of individuals who consumed milk before becoming aware that they were lactose intolerant, suggested two specific warnings. The first stated, "Warning - If you experience diarrhea or stomach cramps after consuming milk, you may be lactose intolerant. Check with your physician." The second proposed, "Warning - Lactose intolerant individuals may experience bloating, diarrhea, or other gastrointestinal discomfort from consuming milk. Check with your physician."

In affirming the lower court's dismissal, the appellate court concurred that the manufacturers had no duty to warn because the health consequences of being lactose intolerant are well known. "We hold as a matter of law that a reasonable consumer today would be well aware that milk may adversely affect some people," the court concluded, adding that "the risk that milk will cause temporary gas and stomach discomfort to lactose-intolerant individuals who do not yet know of their condition cannot support a failure-to-warn tort claim under D.C. tort law."

Judge Brett M. Kavanaugh, author of the court's opinion, cautioned that "a bout of gas or indigestion does not justify a race to the courthouse. Indeed, were the rule otherwise, a variety of food manufacturers as well as stadiums, bars, restaurants, convenience stores, and hot dog stands throughout the country would be liable to millions of would-be plaintiffs every day. Plaintiffs' novel claim falls short of what D.C. law requires."

—Source: Law.com