Is there a breach of the implied warranty of packaging that does not disclose trans fat content?

MultiRegion, United States of America

The following excerpt is from Brown v. Starbucks Corp., Case No.: 18cv2286 JM (WVG) (S.D. Cal. 2019):

such good [is] used," or (3) does not "[c]onform to the promises or affirmations of fact made on the container or label if any"); Backus v. Biscomerica Corp., No. 16-CV-03916-HSG, 2017 WL 1133406, at *5 (N.D. Cal. Mar. 27, 2017) (plaintiff failed to state claim for breach of implied warranty when cookie packaging disclosed presence of trans fat).

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