Tag: warranty

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

Without Causation, a Plaintiff Has No Case

It is probably an article of faith out there among the lay populace that if you discover that the object causing your previously unexplained cough of two years’ duration is a two-inch long fragment of a plastic eating utensil that has somehow entered your lung, and if you find the logo of a well-known restaurant … Continue Reading

What to Ask About Recall or Product Contamination Insurance Coverage

If they don’t already have it, I advise my clients to talk with their insurance broker about purchasing recall insurance (otherwise known as product contamination insurance) . For clients who have recall insurance, I advise them to make sure the policy provides the coverage they expect. Recall insurance is a different animal than other policies … Continue Reading

Sodium Putative Class Action Suits to Become Epidemic?

Following the putative class suit filed last month in New Jersey by the Center for Science in the Public Interest (CSPI) against Denny’s, a similar suit was filed in Illinois (apparently CSPI is not directly involved in this action). The Illinois complaint can be found here. Like the New Jersey complaint, the Illinois action alleges … Continue Reading

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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