Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Shasta Beverages Inc. v. Tetley USA Inc.

The evidence supported a finding that the plaintiff was comparatively negligent in failing to use the necessary level of preservatives in its ready-to-drink tea product which spoiled on grocery shelves.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

After its newly developed, ready-to-drink tea product line spoiled on the grocery shelves, Shasta Beverages, Inc. filed a product liability suit against tea supplier Tetley USA, Inc., alleging breach of contract, breach of express and implied warranties, negligence, negligent misrepresentation, and failure to warn. After a three week trial, the jury found in favor of Shasta on its claims for negligent misrepresentation, negligence, and breach of express warranty, but awarded zero damages. Shasta appeals from the denial of its motion for new trial. Finding no error, we affirm.

The facts of this case, viewed in favor of the jury’s verdict,1 are as follows: In 1994, Shasta decided to develop and market a tea beverage called “SunTea.” SunTea was to be produced through a “cold-fill” procedure, where preservatives are used to kill microbes instead of hot water. Shasta stated that it chose the “cold fill” procedure because it was significantly cheaper than the “hot fill” process and could be performed in all of their plants, saving shipping charges.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Multifamily Fall 2024
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
California Legal Awards 2024
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Go to Events Go to Webcasts
Attorney Associate

Mid sized NYC Personal Injury Defense Firm seeking to immediately hire several attorneys to join our firm. Preferred candidates are those w...


Apply Now ›
Litigation Associate Attorney

Mid-size Parsippany based law firm with a statewide practice is searching for a full-time motivated associate litigation attorney with 3-5 y...


Apply Now ›
Litigation Associate - Princeton, NJ

Description: Fox Rothschild has an opening in Princeton, NJ for an associate in the Litigation Department. The ideal candidate will have tw...


Apply Now ›
Go to Lawjobs