Sparks v. Total Body Essential Nutrition, Inc.

Because I believe that the enactment of Alabama’s Uniform Commercial Code (“the UCC”) did not abrogate the sealed-container defense, I must respectfully dissent from the main opinion.

Section 7-2-314, Ala.Code 1975, provides:

“(1) Unless excluded or modified (Section 7-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.

“(2) Goods to be merchantable must be at least such…