Can a plaintiff sue a producer who has complied with third party standards but was found guilty of misrepresentation or breach of warranty because, in someone's opinion, the third-party standards were lax?

California, United States of America


The following excerpt is from Leining v. Foster Poultry Farms, Inc., 275 Cal.Rptr.3d 682, 61 Cal.App.5th 203 (Cal. App. 2021):

complaint has no legal basis. Leining cites no case in which a producer complied with third party standards but was found guilty of misrepresentation or breach of warranty because, in someone's opinion, the third-party standards were lax." However, the court believed Leining might be able to state a claim under a different theory, and drew the parties attention to Hanberry v. Hearst Corp. (1969) 276 Cal.App.2d 680, 81 Cal.Rptr. 519 ( Hanberry ), a case which held that, under certain circumstances, a plaintiff physically injured by a product may be able to state a claim in negligent misrepresentation against a third party who had endorsed the product.

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