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 |