Livingston v. Marie Callenders, Inc.

Opinion

TURNER, P. J.

I. Introduction

The question in this case is whether a restaurant offering vegetable soup “made ¿rom the freshest ingredients, from scratch, . . . every day,” has an affirmative obligation to warn customers the soup contains monosodium glutamate (MSG). Plaintiff, David Livingston, alleges he suffered a severe adverse reaction after consuming a bowl of Marie Callenders’s vegetable soup. It is undisputed the soup contained MSG. Had plaintiff known the soup contained MSG, he would not have eaten it. The trial court dismissed plaintiff’s strict liability claim on the ground, as…