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A comment on Amazon must remove toxic school supplies, kids’ jewelry from US marketplace. Parent comment

Re:Amazon must remove toxic school supplies, kids’ jewelry f... by arcticbull on Friday May 10, 2019 @12:51AM (#19875140)
And yet if your Fage was contaminated with salmonella or lead you’d be first to sign on to the class action. On the other end would be anyone with a pulse between you and the manufacturer: the clerk, the grocery store, the distributor, the supplier and the manufacturer themselves. The fact is the end customer isn’t required to be their own certification lab. The onus falls on those who bring the products to market to ensure they don’t kill us. And yeah sometimes that means the grocery store, if they’re being willfully blind/negligent. I’m not saying they are, I have no context, though I don’t imagine Amazons attorneys told them to sign whatever was put in front of them.

By selling us a product the manufacturer and the grocery store warrant merchantability [1] and fitness for a particular purpose [2] ("implied warranty"). If you got a hot cup of lead instead of yogurt and the grocery story knew it was likely to happen and looked the other way, you’d be well within your rights to sue... everyone.

[1] https://www.law.cornell.edu/ucc/2/2-314

[2] https://www.law.cornell.edu/ucc/2/2-315

[ Parent | on HN ]
Re:Amazon must remove toxic school supplies, kids’ jewelry f... by WillPostForFood on Friday May 10, 2019 @01:27AM (#19875292)
We've seen large cases recently of beef and greens contaminated with salmonella. E.g.

https://www.cdc.gov/salmonella/newport-10-18/index.html

I don't know every lawsuit, but the blame in these cases seems to largely not land on the grocery stores, but the manufacturer.

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Re:Amazon must remove toxic school supplies, kids’ jewelry f... by arcticbull on Friday May 10, 2019 @01:50AM (#19875386)
That's true in the case where the grocery stores (and their reputations) are also the victims. I guarantee if they'd had some idea that they were selling contaminated greens, they'd be on the hook too. I'm guessing that this settlement indicates someone at Amazon knew or had the reasonable expectation of having known what was happening, and are now not-admitting-fault-but-simultaneously-fixing-it in true American judicial system fashion.
[ Parent | on HN ]