Law, Business, and Society 9th Edition by Tony McAdams

Exercise 18

Douglas Kolarik alleged that he used several imported, pimento-stuffed green olives in a salad. In eating the salad, he bit down on an olive pit and fractured a tooth. The olive jar label included the words "minced pimento stuffed." The defendants are importers and wholesalers of Spanish olives that reach the defendants in barrels and are then inspected for general appearance, pH and acid level and then washed and placed in glass jars suitable for distribution for the purpose of retail sales.
a. What legal claim would be expected from the plaintiff based on the "minced pimento stuffed" language
b. Decide that claim. Explain. See Kolarik v. Cory International, 721 N.W.2d 159 (Ia. S.Ct. 2006).