Jayme’s Best produced a new line of pasta sauce (Herbal Health), intending for it to have extra… 1 answer below »
Jayme’s Best produced a new line of pasta sauce (Herbal Health), intending for it to have extra nutritional benefits. Using the freshest ingredients, Jayme’s added special herbs to the tomato paste and spices, as the herbs are believed by some Tibetan monks to have the power to prevent cancer. Jayme’s marketed the sauce in grocery stores and health food stores. Jayme’s advertisements said that Herbal Health may help prevent cancer and taste a lot better than the competition.
a.) What labeling and advertising requirements must the sauce meet?
b.) Suppose the sauce is allowed to be sold as a cancer preventative, because the FDA determines that it does have such a beneficial effect. Bob, who eats the sauce every day, gets cancer. He believes the cancer was caused by the sauce and its herbs and sues Jayme in tort. What must Bob demonstrate to have a successful tort case? What are the implications of the FDA determination in the torts suit?
c.) To tout the benefits of the new product, Jayme creates an advertising campaign. Jayme’s ads contend that Herbal Health Sauce is a healthy product and the competitor product, Medicinal Marinara, is not healthy, and indeed could make you sick. What will Medicinal Marinara need to demonstrate to be successful in a cause of action against Jayme? What damages are available for potential recovery?
