Question
FACTS Jessica purchased a leather wrist band from the local pharmacy. The advertisement said that the band was mainly for fashion purposes and the by-line
FACTS
Jessica purchased a leather wrist band from the local pharmacy. The advertisement said that the band was mainly for fashion purposes and the by-line was that even in the Covid-19 lockdown people could still be 'stylish'. The advertisement said that 10 per cent of profits would go to helping prevention of Covid-19. The band also featured a cartoon character with a speech bubble saying 'that's not all folks...this band will protect you against the worst side effects of Covid-19'. The band was packed in a plain box that resembled medication with a rainbow colour ribbon on it and a unicorn amulet. The cost was $300. The small text indicated that it was currently pending a patent. Jessica was impressed by the item which seemed very high end and was reassured by the fact it was sold at a well known pharmaceutical branch. After purchasing and wearing the band unfortunately Jessica later contracted Covid 19 and she experienced severe side effects that caused permanent lung damage. In addition, the band left a residue on her skin from the dye that caused severe dermatitis and skin staining.
What claims under the ACL might Jessica have against the company?
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