Law360, New York (May 16, 2011, 12:27 PM ET) -- When does the label or advertisement become an affirmation of fact or promise creating a warranty? A review of the court’s analysis of this question in the context of food sales reveals an inconsistent and opaque approach to making this determination. The courts have few written criteria that constitute a consistent analytical framework for establishing what language or statements on labels create warranties.
An express warranty requires generally:
- an affirmation of fact or promise;
- the natural tendency of which is to induce the buyer...