As a result of a machine error in a Nestle manufacturing facility, one batch of its apple juice was found to contain only 5% apple juice, with the remainder being water, flavorings and fructose, the same sugar found in apple juice. The juice was not otherwise contaminated and was not generally harmful to consume. Nestle promptly recalled the juice when it realized the error and refunded all amounts paid. Six children became ill as a result of allergies to the flavorings. The flavorings are not normally added to this juice, and were not included on the label, but are a common food additive that has been approved by the FDA. Nestle is liable under product liability to the claims brought by the 6 children who became ill for which reason? a. The product label did not adequately warn of potential dangers. b. The product was unreasonably dangerous in the form it was marketed by Nestle. c. Nestle negligently manufactured the product so that it did not meet its specifications. d. The product label was inaccurate, and that is a product defect. e. The product was defective because it contained only 5% apple juice
As a result of a machine error in a Nestle manufacturing facility, one batch of its apple juice was found to contain only 5% apple juice, with the remainder being water, flavorings and fructose, the same sugar found in apple juice. The juice was not otherwise contaminated and was not generally harmful to consume. Nestle promptly recalled the juice when it realized the error and refunded all amounts paid. Six children became ill as a result of allergies to the flavorings. The flavorings are not normally added to this juice, and were not included on the label, but are a common food additive that has been approved by the FDA. Nestle is liable under product liability to the claims brought by the 6 children who became ill for which reason?
The product label did not adequately warn of potential dangers.
The product was unreasonably dangerous in the form it was marketed by Nestle.
Nestle negligently manufactured the product so that it did not meet its specifications.
The product label was inaccurate, and that is a product defect.
The product was defective because it contained only 5% apple juice.
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