Lawsuit Settled Alleging Mouse in Mountain Dew


As bizarre lawsuits go, it was the case that kept on giving. In 2009, Ronald Ball of Granite City sued PepsiCo, claiming he'd gotten sick from drinking a can of Mountain Dew.

It wasn't the soft drink, though, that caused him to vomit up the neon green beverage. It was the mouse he says he found inside the can.

Ball later sent the can -- and the mouse -- to PepsiCo for investigation. But on getting the contents back from PepsiCo, he dropped the lawsuit, claiming that the soft-drink company had spoiled the evidence so that it was no longer useable in court. But, according to PepsiCo, it would be difficult not to spoil the evidence. In fact, as the company's expert testified, any mouse drowned in a can of Mountain Dew would disintegrate and turn into a "jelly-like" substance after 30 days. Mountain Dew-flavored gummy mice anyone?

Ball later refiled the lawsuit, and this month he settled with PepsiCo for an undisclosed sum. "They (Pepsi) maintained their denial of liability," Ball's attorney, Ed Unsell, told the Madison Record. "It was settled for an undisclosed sum. It's a done deal, and both parties are on their way."

And if you feel like you've heard this story before, perhaps you're confusing it with the plot of the seminal Canadian comedy, "Strange Brew."