A class action case was filed against nine sellers of milk by several lactose-intolerant individuals. They claimed they had drunk the milk before they realized they were lactose intolerant and, consequently, suffered temporary gas and stomach discomfort. They argued that the sellers had failed to warn consumers about the dangers of lactose intolerance by putting warning labels on milk containers. They sought damages and an injunction requiring milk sellers to put a warning label on all milk packaging that read: “Warning—If you experience diarrhea or stomach cramps after consuming milk, you may be lactose intolerant. Check with your physician.” The district court dismissed the suit, and the plaintiffs appealed. Why do you believe the court of appeals either granted or denied the appeal? Mills v. Giant of Maryland, LLC, 508 F.3d 11 (D.C. Cir. 2007).
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