Exam 13: Product Advertising and Liability

Toyota had no ethical obligation to issue a recall on its vehicles with sudden unintended acceleration problems because Toyota did not manufacture the parts that caused the problems.

Chobani,the Yogurt company,began running ads that compared its Chobani 100 with Dannon Light & Fit,stating in the ad that Dannon contained preservatives,i.e.,potassium sorbate.Dannon filed a suit in court asking for an injunction to halt the ads because potassium sorbate is a salt used in yogurt to prevent the growth of mold and yeast and is not used as a preservative.Chobani responded to the suit claiming that the ads are accurate and that the information on potassium sorbate came from a government website listing Dannon ingredients.Which of the following is correct?​

The Joneses are interested in purchasing new carpet for their family room and note an ad in the paper from Carpet World for carpet at $9.99 per square yard,with pad,fully installed.When the Joneses go to Carpet World,the salesman tells them there is a handling fee of $2.99 per square yard on the advertised special,but he can show them a better carpet for $14.99 per square yard.Which of the following statements is true?

Privity is required for recovery on the basis of warranty.

Corrective advertising:

If there is a breach of the warranty of merchantability,there is no tort liability.

Chipotle experienced E.coli outbreaks in several of its restaurants during 2016.A restaurant experiencing food contamination:​

Glenda purchased new light shades for her chandelier from Shades Plus.The Internet description of the shades she purchased was,"These shades fit almost all fixtures." When the shades arrived,they could not be placed on the chandelier because they were too narrow.Shades Plus has refused to take the shades back on a return from Glenda.

Ralph Walters wanted to begin an exercise program and decided to enroll in a local aerobics class.He was told that he would need proper aerobic work-out shoes.Ralph went to an athletic shoe store and explained his needs to the sales clerk and also added that since he had never done aerobics,he was unsure what type of shoe he would need.The sales clerk recommended a shoe that Ralph purchased.When Ralph arrived at aerobics class,his instructor said his shoes were not appropriate for aerobics and that Ralph might injure himself if he used them for the workout.When Ralph returned to the store with the shoes,the store refused to exchange them,citing the three-day limitation on returns.The shoe store:

Cheryl Lileth purchased Big Eyes Mascara,a product described on its label as "Hypoallergenic." Cheryl developed a rash and swelling after one use.Can she recover? What possible theories could she use?

Bucky Warren,Inc.manufactured a hockey helmet.The helmet had gaps in it to give it flex and movement.Everett was injured when a puck struck his head in one of the gaps.Is Bucky Warren liable?

Arrion McClellan was using an underarm-aerosol deodorant one morning while smoking a cigarette.The deodorant had this warning in large letters on the side of the can: "DO NOT USE AROUND HEAT,FLAME OR WHILE SMOKING." The deodorant ignited McClellan's cigarette in her hand and the flames quickly spread to her silk robe.McClellan was severely burned and will have permanent scarring.Who is liable for her injuries?

Susan Sandren purchased a toaster from Standard Electric.While using the toaster the day after it was purchased,Susan discovered that the toaster slots were too small for a thick piece of bread.The bread was stuck in the slot.With the toaster still plugged in,Susan used a knife to pry loose the toast and was electrocuted.In a suit by her family against Standard Electric:

A product can be defective for purposes of liability for injury if proper warnings about its use are not given.

Which of the following would not be a breach of the warranty of merchantability?

When Toyota delayed in issuing a recall for certain vehicles with suspected sudden unintended acceleration problems,Toyota faced a(n):

What is the maximum civil penalty the Consumer Product Safety Commission can assess against a company for violations of the Consumer Product Safety Act?

A bike purchaser who alters the frame of a bike after the purchase and who is injured because the frame cracks:

Which of the following is/are an express warranty(ies)?

Which of the following is $\underline{\text{not}}$ required of a celebrity who will be endorsing a product?