XI.
Breach of Express Warranty

 

11.1     The preceding factual statements and allegations are incorporated herein by reference.

11.2     Plaintiffs further allege that Defendants breached express warranties. In order to induce Plaintiffs and others similarly situated, Defendants stated, promised and affirmed through various marketing vehicles that their products were effective in killing lice and lice eggs, preventing reinfestation of lice, and/or removing lice eggs from hair.

11.3     Plaintiff will show that the statements and promises described above were a part of the basis of the bargain between Plaintiffs and Defendants, and that Plaintiffs relied on the truth of those statements and promises in purchasing the goods described above.

11.4     The lice treatment products were not of the quality or condition expressly warranted by the Defendants' affirmations but were defective, such that Plaintiffs' lice infestations were not cured, the lice and lice eggs were not killed, the lice eggs were not removed from the hair, and lice reinfestations did in fact reoccur. The failure of Defendants' products to comply with Defendants' own warranties was a producing cause, or in the alternative, a proximate cause of the damages sustained by Plaintiffs.

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Lawsuit Sections

Legal Header
II Parties to the Action
III Class Action Allegations
IV Class Definition
V Jurisdiction and Venue
VI - VII Facts as to the Plaintiffs / Defendants / Class
IX Causes of Action
X Breach of Implied Warranty
XI Breach of Express Warranty
XII Fraud
XIII Negligent Misrepresentation
XIV Damages
XV - XVI Attorney's Fees /  Request for Jury Trial
XVII Stiuplations
XVIII Prayer


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