Dispute over Allegedly Defective Bottles Settles
While settlement terms are apparently confidential, a high-end bottled water
company has reportedly settled its claims against a company that supplied
bottles which reacted to the water by causing foaming and a poor taste.
Penta Water Co. v. Zuckerman-Honickman, Inc., No. 09-2633 (E.D. Pa., dismissed with prejudice September 21, 2011). The water company
evidently switched to the defendant’s bottles in conjunction with the launch
of a campaign intended to broaden its customer base beyond athletes,
celebrities and health food consumers. The alleged bottle defect forced the
plaintiff to halt the campaign, close its manufacturing plant and undertake
“crisis management.” The packaging company and the water bottler have both
reportedly undergone bankruptcy proceedings. See Law360, September 22,
2011.