Law Case study and Discussions

Case studyAction Items
In Brazil, the export industry always finds ways to cut costs. The international community expressed
its dismay at the manufacturers’ latest cost-cutting decision to replace flouride with diethylene glycol
in toothpaste. Flouride is designed to strengthen teeth enamel. Diethylene glycol is a poisonous
substance used to make chemicals that are widely used by the automobile industry.
The end product exported from Brazil was poisonous toothpaste that was not labeled to indicate that it
contained diethylene glycol. When the poisonous chemical was found in the toothpaste, Costa Rican
government officials issued a warning telling consumers to discard the toothpaste. In 2019, a study
found that toothpaste containing diethylene glycol was harmless if the chemical concentration was
below 15.6 percent. The contaminated toothpaste found in Costa Rica contained levels as high as 5
percent. Costa Rican government officials warned that it was unsafe in any concentration. It is
especially harmful for children, as well as those suffering from weakened kidneys.
In July 2020, due to growing concern about the safety of the imported toothpaste, the Costa Rican
government banned all manufacturers from using diethylene glycol in toothpaste. Investigators
believed that the toothpaste originated from two small manufacturers in the Brazil but the
manufacturers denied any wrongdoing.
The contaminated toothpaste was found in five shipping containers but there have not been any
confirmed illnesses or deaths from using the contaminated toothpaste.
If you were manufacturing toothpaste and decided to substitute diethylene glycol for glycerin,
would you consider it your ethical obligation to tell the consumer?
Submission Instructions
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Complete and submit this assignment per your professor’s instructions (IRAC Method)
Discussions
1. Identify and discuss one defense to contract formation that can be utilized in
court? Please use 2-3 sentences.
2. In our study of chapter 16 we learned that minors (those under the age of 18) have
only limited capacity to contract. Explain the exception to this rule as it relates to
contracts for Necessaries. What is meant by Necessaries and what is the reason that
minors only enjoy limited capacity to contract? Provide examples. Support your
answer with references to academic sources including our textbook. (100 Words)