Consumer Arbitration Barrier

Consumer arbitration barrier is the accountability problem in The sneaky way companies get new chemicals into our food where Daily Harvest customers who accepted terms of service faced arbitration rather than ordinary court litigation. The source says non-signers, including guests, minors, and babies exposed through breast milk, helped the case proceed in court.

The concept matters because court access can affect what facts become public. In this episode, Food Safety Litigation Discovery helped Bill Marler trace Tara Flour through the supply chain, but that route was partly enabled by people who had not agreed to the arbitration terms.

The barrier therefore compounds Post-Harm Food Regulation: if consumers discover harm only after eating a product, contract terms may still limit the public investigation and accountability that follow.

Connections

• Daily Harvest and Carol Reedy - case context.
• Bill Marler and Food Safety Litigation Discovery - legal actors and mechanism.
• Tara Flour - ingredient at issue.
• Post-Harm Food Regulation - broader reactive system.