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Yes. Depends on what you are suing for or have been sued for. (Ex lawyer)
Do not sue. You will come out in the negative. Is the retailer a major box brand? Or mom and pop? Belittle the shit out of them through reviews and on social media, that affects businesses more than you know. What was the price of the item? When was it purchased? What was the manufacturer expiration date? What is the manufacturer?