Tag: breach

Snapple Decision – FDA’s Policy Concerning Use of “Natural” Not Entitled to Preemptive Effect

High Fructose Corn Syrup Labeling: Opening the Floodgates For Consumer HFCS Claims? The Third Circuit ruled this week in Holk v. Snapple Beverage Corp., reversing the district court and reinstating the state law putative class claims for consumer fraud and breach of warranty for use of the term “all natural” despite the inclusion of high … 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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