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

Question

Herbal Health may help prevent cancer and taste a lot better than the competition. Based on these facts, answer the following questions. Suppose the herbs end up being allowed to be sold as a cancer preventative, because the FDA determines that they do have such a beneficial effect. Bob, who eats the sauce every day, gets cancer. He believes the cancer was caused by the sauce and its herbs and sues Jayme in tort. It is up to the jury to decide if Jayme is liable:
a. regardless of whether the sauce was FDA approved or not. b. only if the sauce was sold without FDA approval.
c. but if the sauce is FDA approved, Jayme can be sued only if it can be shown that the sauce was intentionally sold in a defective condition.
d. but if the sauce is FDA approved, Jayme can be sued only if it can be shown that Jayme's was negligent in the preparation and sale of the sauce.
e. but if the sauce is FDA approved, Jayme has a complete defense against this charge.

Answer 1

a