PHUTATORIUS
This is the sort of case you love to come across as a lawyer. The judge isn't just wicked smart: he's mad as hell. And in this case, he's mad as hell that the government decided to prosecute a guy who changed the "Best When Purchased By" date on salad-dressing bottles before reselling them in dollar stores.
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As terrific as Judge Posner's decision is in Farinella, it doesn't even get into the fallacy that inheres in the very phrase, "Best When Purchased By":
Suppose I bought a bottle of an edible substance that does (unlike salad dressing) deteriorate in quality or safety or nutritional value over time. In fact, suppose I bought two bottles, both from the same production lot, but as a matter of hypo-promoting happenstance, I bought one before the BWPB date and one after. Now suppose I crack both bottles open on the same day. Is the one I bought earlier really "better" than the other?
Friday, March 13, 2009
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