Matter of J R Salvage and Storage v. Barber

1 Citing case

  1. Porrazzo v. Bumble Bee Foods, LLC

    822 F. Supp. 2d 406 (S.D.N.Y. 2011)   Cited 73 times
    Holding that "under New York law, a manufacturer may be held liable for breach of implied warranty of merchantability when its products are not 'fit for the ordinary purposes for which such goods are used."' (quoting N.Y. U.C.C.§ 2-314(2)(c))

    See People ex rel. Brown, 171 Cal.App.4th at 1573, 90 Cal.Rptr.3d 644 (affirming trial court's determination that preponderance of the evidence supports finding that methylmercury in tuna is naturally occurring). Next, with respect to Section 200(3), while Defendants' canned tuna contained mercury, it was not “contaminated” by such mercury because contamination under this section ordinarily refers to an external substance that adulterates the food product, see, e.g., J & R Salvage & Storage Co. v. Barber, 65 A.D.2d 894, 410 N.Y.S.2d 413, 414 (3d Dep't 1978) (finding bags of coffee beans that were “heavily covered with mouse and rat excreta pellets” were “contaminated” under Section 200(3) of the A & M Law), and Plaintiff has not alleged that the mercury was external or added. Additionally, Defendants' tuna fish was not inherently “unfit for food;” it was perhaps merely unfit for consumption when eaten in certain quantities.