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Pretty Good Produce Company: Marketing Campaign

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To: Mr. Jack Hoff, CEO at Pretty Good Produce Company
From: Evan Keel, Associate at Pretty Good Produce Company
CC: Legal File

Mr. Hoff:
Per your request to analyze the companies new 100% natural logo being proposed in the most recent marketing campaign the following has been prepared. In it we looked at intent, overall liability, and precedence that has already been set by others in our market.
Specifically the liability that we are concerned with creating in the marketing campaign would be an express warranty or an implied warranty. An express warranty is a guarantee that a product is natural directly within the label. Examples of this are companies that claim a product lasts 15,000 hours. An implied warranty means that a guarantee is implied at the purchase of the product even if not spelled out. Examples if this could be a vacuum cleaner without enough suction to clean a floor. When looking at the 100% natural slogan we want to make sure that we are not expressly or via implication implying something …show more content…
In the last 5 years each has had lawsuits against them for identical or similar claims. Chin vs General Mills, Inc stated that General Mills was allowed to use both “Natural” and “100% Natural” in their labeling because it is not making an expressed warranty but is instead a product description. Likewise it was found that the implied warranty did not apply to “remote purchasers of products”. Weiner vs Snapple Beverage Corp challenged that the use of sugar violated its all-natural claim. In this case it was identified that because the purchaser had not paid a premium for the label Snapple could not be held liable. Lastly, (Kix) Lewis vs General Mills, claimed that the use of GMO cannot be called natural. The case is still underway. That being said, it is commonly reported that grocery stores such as Whole Foods are labeling GMO food as All

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