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Issue: Facts: Holding: Law: Rationale: Bobbi always wanted to own her own pet store so 8 years ago she opened Bald and Beautiful Pet Store.
Issue: Facts: Holding: Law: Rationale: Bobbi always wanted to own her own pet store so 8 years ago she opened Bald and Beautiful Pet Store. The store is located in Topeka, Kansas and specializes in the breeding and sale of hairless cats. Over the last 3 years, business has been booming as she expanded to internet sales. In addition to selling her hairless friends, she also sells hypo-allergenic products to care for them. Obviously, her primary customers are individuals who are allergic to pet dander and hair. In August 2017 Bobbi created a product to reduce pet dander which she markets via her retail business. The product, Cair (instead of Nair) is selling like hotcakes as it is all natural and guaranteed to remove your pet's nasty dander. Chris, a hair model for Head and Shoulders shampoo ironically has an allergy to pet hair and dander so he purchased his hairless cat, Mike, from Bobbi last year. In January 2019 he began sneezing and coughing around the cat so he ordered a bottle of Cair. He began using Cair on or about January 21st and immediately noticed a reduction in his sneezing and coughing, however, about 2 weeks later he began to notice his hair thinning. This of course is not good for a hair model and he's only 35. Chris immediately looked at the Cair packaging and did not see any warning signs about its use, nor did he see any ingredients that might cause hair loss. He then went to his doctor who told him it appeared to be an allergic reaction, but by this time a week had passed and he had multiple bald spots on his scalp. As a result of the hair loss Chris lost his contract with Head and Shoulders and fell into a pit of despair. Not knowing what to do next and fearful he would lose not only his job, his home and of course be unable to care for Mike, he contacted an attorney. The attorney advised him to file a lawsuit against Bobbi after having Cair analyzed by a chemist. The chemist, Ike, determined that the ingredients include garlic, aloe, turmeric, mint, lavender, orange peel, argon oil and trace elements of calcium hydroxide and sodium hydroxide, neither of which are listed ingredients on the bottle. The last two ingredients are known to cause hair loss and in fact are the main ingredients in the product Nair. The testing was done specifically on the bottle of Cair Chris purchased. TNT Manufacturing, Inc., the company Bobbi uses to manufacture her product is located in Lawton, Oklahoma. TNT not only blends the ingredients for Bobbi's product, but for many other companies as well, including Nair. Find the Issue, Facts, Holding, Law, and Rationale for the case
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