For more than 20 years, the "Mexicali Rose Rule" has governed personal injury cases that stem from harm caused by restaurant food, particularly choking cases. The rule applies different liability standards for injuries caused by "foreign" objects or "natural" substances.
Attorney Steven Kronenberg has argued that this rule has not kept up with technology changes in our food system. As he explained in his article "Food Law-'Natural' Food and Artificial Justice" and published in the Sonoma County Gazette, only one standard should apply.
"Just one hamburger might contain meat from a hundred different animals from four different countries," Kronenberg said. "How can any ingredient in that hamburger, which might cause harm, be considered 'natural'?"