Tag: UCC

Vox Puffery, Vox Dei

There is a concept in the law called puffery and it’s great. I cannot prove that to you that it’s great, however, because a legal concept’s greatness or lack of greatness is something entirely personal. And that is an excellent introduction to the concept.   The case that brings up “puffery” is Viggiano v. Hansen Natural … Continue Reading

Turn your Bar Bill Into a Federal Case

A guy walks into a bar, orders some drinks, gets the bill and pays it, leaves and sues. A federal district court has no choice but not to dismiss his claim on the pleadings, but he is unlikely to prevail in the end, because he had no reasonable expectation he was going to negotiate a reasonable price with the bar, but rather that the bar was going to charge him its stated price.… Continue Reading

Food Security Act Doesn’t Apply to Proceeds

The Food Security Act of 1995 is part of a matryoshka of statutes.   In the center is the general rule of 9-320(a) of the UCC, that a buyer in the ordinary course of business takes free of a security interest created by its seller.  The next doll is the Farm Products Exception, which I wrote about here:  except, … Continue Reading

Why CSPI’s Loyalty Card Suit Has No Merit and Does Not Promote Food Safety

Following the playbook it has followed in the past with sodium and other issues, the Center for Science in the Public Interest (CSPI) has filed yet another complaint of very questionable legal merit to promote a policy agenda. This time CSPI seeks to compel all retailers to use loyalty cards as a recall alert system. … Continue Reading

Food Liability Blog Included Among Initial Nominees for LexisNexis Top 25 Business Law Blogs

We’re honored that LexisNexis has included this blog among its initial nominees for "Top 25 Blogs 2010, Business Law Communities." Please consider submitting to LexisNexis as soon as possible your comments on this blog and whether you think it should be included among the Top 25. Go to this link and insert your comments on the … Continue Reading

How Virgin is Your Olive Oil?

The Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture is finally revising its standards for olive oil, promulgated way back in 1948, to bring them in line with the International Olive Council (IOC), an organization established under United Nations auspices that represents 98% of the world’s olive oil production, nearly all in the … Continue Reading

Ninth Circuit Decision Casts Doubt on Merchantability Claim in CSPI Suit Against Denny’s

The recent case against Denny's brought by the Center for Science in the Public Interest in New Jersey claims that food was inadquately labeled in violation of the implied warranty of merchantability. A recent Ninth Circuit case indicates that this claim should fail because there was no specific contract between the plaintiff and Denny's requiring that food be labeled to plaintiff's satisfaction.… Continue Reading

Settlements and Implied Warranties

Article 2 of the Uniform Commercial Code contains powerful tools for buyers and sellers of food and other goods.  A recent case out of the Georgia Supreme Court emphasizes the critical gatekeeper function of the scope section of Article 2, Section 2-102.  This section provides: Unless the context otherwise requires, this Article applies to transactions … Continue Reading

The Uniform Commercial Code and Food Recalls

Article 2 of the Uniform Commercial Code ("UCC") is the source for determining the contract rights between parties, often including completely innocent parties, involved in a product recall. The terms of the parties' contract, often subject to the so-called "battle of the forms" will determine their relative rights. The timing of the recall, whether it occurs before acceptance, during the time when a revocation of acceptance can still be possible, or when the only remaining claims are for breach of warranty, will also have a critical effect on the parties' relative rights.… Continue Reading
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