Fact Pattern 19-2 Jayme's Best Produced a New Line of Pasta Sauce (Herbal

question 288

Multiple Choice

Fact Pattern 19-2
Jayme's Best produced a new line of pasta sauce (Herbal Health) , intending for it to have extra nutritional benefits. Using the freshest ingredients, Jayme's added special herbs to the tomato paste and spices, as the herbs are believed by some Tibetan monks to have the power to prevent cancer. Jayme's marketed the sauce in grocery stores and health food stores. Jayme's advertisements said that Herbal Health may help prevent cancer and taste a lot better than the competition. Based on these facts, answer the following questions.
-Refer to Fact Pattern 19-2. If Jayme's production plant is found to be contaminated with viruses and bacteria due to poor sanitation on several inspections, then, even if no one can be shown to have been made ill by the problem:

• A) consumers have a cause of action for damages under tort law
• B) consumers have a cause of action for damages under the Food, Drug and Cosmetic Act
• C) the head of Jayme's could be convicted of a criminal offense
• D) all of the other specific choices
• E) none of the other choices

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Definitions:

Auscultation

A medical examination technique involving listening to the internal sounds of the body, typically with a stethoscope, to assess the condition of the heart, lungs, or other organs.

Papanicolaou Smears

A screening test for cervical cancer, commonly known as a Pap test, where cells from the cervix are examined under a microscope.

Cervical Cancer

A type of cancer that occurs in the cells of the cervix, often associated with human papillomavirus (HPV) infection.

Hysterectomy

A surgical procedure for removing the uterus, and sometimes also the cervix and other reproductive organs.