That's a fair point, but here is another way to look at it:
I have never drunk a glass of Clorox bleach, but if I chose to do so, I would quickly figure out that the product could cause harm to me and I would spit out the bleach before it did permanent damage to my tongue. If this were her first Starburst, then when she bit into it and realized how "chewy" it was, she should have spit it out to avoid hurting her jaw.
In my case, I would be using the Clorox inappropriately, so my case would probably not go far. In her case, she is not misusing the product, so the court is hearing her case. However, in both cases, common sense could solve the problem without any attorneys.