The Washington Post reports that the long-anticipated lawsuit against soft drink manufacturers for contributing to children's obesity is expected to be filed in the near future.
Accroding to the article, the target is vending machines in schools and the legal theory is one of an "attractive nuisance." The suit is expected to be filed in Massachusetts as an "unfair practice" under that state's unusually liberal consumer protection law. According to Victor Schwartz, "Massachusetts is one of the few states in the country where plaintiffs do not have to demonstrate actual damage in a consumer-protection case -- just that a violation occurred."
The lawyers behind the suit are the ones who fashioned the successful tobacco litigation. Although the the defendants and the legal theory have been identified, the article suggests that the lawyers don't have a plaintiff yet:
Daynard said that while the legal theory is ready, the challenge is finding the right set of parents to sign on as plaintiffs for the class-action case. "It's taking us longer than we expected," he said.