Gina wants to start her own company where she creates business attire for women. She wants to create a line of products made by women for women. One of her products is a stylish hat that when worn correctly warms the head so that when woman leave for work with wet hair they won’t catch a cold. In fact this is one of the biggest selling points of the item following Gina’s advertisement campaign that claims “Skip the flu/ Skip the sick days/ Get ahead at work with Firenzi’s Fashionable Hats.”
Shannon has always been fashionable. It is the first winter she will be working in Seattle so of course she wants a Firenzi Fashionable Hat. She buys one and wears it from time to time. However, she was not used to the cold Seattle weather and ends up getting sick and missing two weeks of work. Now she is behind at work and could potentially lose her job.
Shannon consults you as an attorney and wants to bring a product defect case and a misrepresentation case. Discuss Shannon’s chances of winning under such claims. What additional information would you need to know to help you assess the case?