Ide v. Foreign Candy Co.

Alleging that his consumption of at least two gum balls resulted in burns and other mouth injuries, David S. Ide (“Ide”) filed this suit for negligence and breach of the implied warranty of merchantability against The Foreign Candy Co., Inc. (“Foreign Candy”), the sole American importer and distributor of the Ecuadorian product, and against Dollar Tree Stores, Inc. (“Dollar Tree”), a national chain which owned the retail store in which the gum balls were purchased.

At the jury trial of this matter, Ide testified that his wife purchased a single package of ‘The Original Mega Warheads Sour Gum”…