E.I. DuPont de Nemours & Company (DuPont) manufactured and sold Teflon. The plaintiff, F&F, purchased Teflon from

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E.I. DuPont de Nemours & Company (DuPont) manufactured and sold Teflon. The plaintiff, F&F, purchased Teflon from DuPont and used it as the primary ingredient in a product (Tufoil) it manufactured and distributed as a motor oil additive. The label on Tufoil listed Teflon as a primary ingredient. After conducting various tests and analyzing data from external sources, DuPont concluded that Teflon was not useful as an ingredient for products marketed and sold as oil additives. Therefore, DuPont issued a press release saying that it would discontinue supplying Teflon for use as an ingredient in oil additives or oils for lubricating internal combustion engines. Shortly after DuPont issued the press release, F&F filed a lawsuit against DuPont claiming that DuPont had severely injured its reputation and economic interests by impugning Tufoil through the press release and had therefore committed the tort of commercial disparagement. Do you believe F&F will be successful in its case against DuPont? Explain.

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The Legal And Ethical Environment Of Business

ISBN: 9781454893028

2nd Edition

Authors: Gerald R. Ferrera, Mystica M. Alexander, William P. Wiggins, Cheryl Kirschner, Jonathan J. Darrow

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