Carenet USA International Inc. v. NBTV Manufacturing LLC, Capsule Works, and Does 1 through 20, inclusive
Published: Sep. 5, 2015 | Result Date: Jul. 21, 2015 | Filing Date: Jan. 1, 1900 |Case number: 5:14-cv-01520-GW-JEM Bench Decision – Defense
Facts
Carenet USA International Inc., distributor and seller of bee propolis in capsule form, sued NBTY Manufacturing LLC doing business as CapsuleWorks (erroneously sued as NBTV Manufacturing LLC) relating to Carenet's purchase of bee propolis from NBTY.
Contentions
PLAINTIFF'S CONTENTIONS:
Carenet contended that it sent the bee propolis to China for resale but that the Chinese government seized the product after inspecting it and determining that it contained contraband poplar gum. Plaintiff contended that NBTY sold it bee propolis that contained contraband. It further contended that the purchase order specifically stated that the bee propolis was to contain half Chinese raw materials and half South American raw materials. Consequently, it brought claims for breach of contract, fraud, and breach of implied good faith and fair dealing.
DEFENDANT'S CONTENTIONS:
NBTY admitted that it delivered the pills to Carenet but denied wrongdoing and, specifically, that its bee propolis pills contained poplar gum or any other contraband.
Result
The court granted NBTY's motion for summary judgment.
Other Information
FILING DATE: July 24, 2014.
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