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That's not exactly why they want to sue... it's because of the many trials done on trans-fats, many of them showed direct proof that trans fat was overly dangerous for human consumption and they did nothing to stop the selling of the products. It's essentially the same thing that happened with the tobacco company and it's just a matter of time before it happens because of trans-fat. Anyways, it won't be the gov. that they sue, it'll be the gov. that sues various manufacturers of food products that contained trans fat if they think they have a case on their hands.
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