(IRAC case analysis) Milan purchased saffron extract, marketed as “America’s Hot
ID: 470103 • Letter: #
Question
(IRAC case analysis)
Milan purchased saffron extract, marketed
as “America’s Hottest New Way to a Flat Belly,”
online from Dr. Chen. The Web site stated that recently
published studies showed a significant weight loss (more
than 25 percent) for people who used pure saffron extract
as a supplement without diet and exercise. Dr. Chen said
that the saffron suppresses appetite by increasing levels
of serotonin, which reduces emotional eating. Milan took
the extract as directed without any resulting weight loss.
Identify the issue of this case.
Explanation / Answer
The case has to be checked for the following issues:
Whether Dr. Chen’s website have any mention or reference of “warranty” on the product and / or of its efficacy (in instigating weight loss)
Whether “the implied warranty of merchantability” relates to the buying of the product.
Whether “the implied warranty of merchantability” was breached.
To explicitly disclaim “the implied warranty of merchantability” the seller should declare the word merchantability and should be written in such way that any common person can read it easily.
If the above point hold false then Dr. Chen will have to face the legal action
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