One of the differences here is scent vrs pheremones. I would argue that a pheremone product would be different because it is designed to interact w receptors, and is created to do this specifically. I would bring up in court that pheremones were designed to impact people emotionally, and then just print out various forum insights. I think it would be effective enough to scare a jury, regardless of accuracy. remember,a law suit is only as good as the lawyer makes it. Easy to make this HUGE.
Also, there have been lawsuits in regard to use of scents that have been fought and won specifically, in public, private and college level classes, and in elementary classes. Also, when writing up an IEP, if the child has a sensitivity it is placed in the IEP, and the teacher does not wear scent. These documents were designed as a reaction after various lawsuits have ensured the right of students to not be exposed to scents.
when a student had been sensitive to scent, they have had sucessful lawsuits to order everyone in class and within certain distance to not use scent. This also has been won in regards to nuts ( not just eating them or using them in school, also the scent of them) when students were sensitive to them, and some teachers have been ordered to not use scent when a student has a sensitivity, ( college as well as public)
If you consider the implications involving pheremones, and the claims that people have made in regards to them, really, why take a risk that they will start to be subjected to the court system, and regulations which may be based upon the publics understanding about them? Now that I am interested, i will do a little search to see court cases, just for fun.
another thing, it is also a legal requirement that when any school has something that may be an issue such as spraying for pests, dust from woodworking, plaster dust, mold, just about anything, they have to send a release home with student , regardless of the students age or public v private school. Experiments w students in psyc classes require release. Every damn thing we do requires a release. There are good reasons for all the releases I have had to write. For many many years.To prevent lawsuits.
I think that a disclaimer/release form is smart. in most any situation…“may I kiss you? …only if you sign this form first…
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Finally, remember, someone does not have to win a lawsuit to crush you, they just have to sue you again and again until you spend so much money you are broke. That is the beauty of the law.
Gonna look up some cases now for fun. BTW am not going to sue any one at all, all hypothetical.
Any way, I disagree with you. I think it could have implications that could , with the right lawyer and judge, cause all sorts of shenanigans.