Britvic purchased bulk CO2 for the carbonation of various soft and alcoholic drinks from a supplier. The CO2 was manufactured by others. As a result of a breakdown of the manufacturing process, the CO2 contained a concentration of benzene which, although benzene is carcinogenic, was so small that it represented no risk to health. The questions were whether the CO2 was of satisfactory quality or reasonably fit for its purpose within section 14(2) or (3) of the 1979 Act.
Held: It was neither. ‘. . . one particular description of the goods to which the reasonable person must have regard is that to be found in BS4105, viz that CO2 of type 2 is suitable for industrial food applications.’ and ‘I therefore find it impossible to conclude that a reasonable person would regard the CO2 supplied as meeting a satisfactory standard. Consumers would not wish to drink products which had inadvertently been contaminated with a measurable quantity of a known carcinogen, notwithstanding the quantity was not harmful to their health. If the manufacturers had not taken steps to satisfy the public that all reasonable measures were being taken to recall the batches of production affected all of their production would very quickly have become unsaleable. The affected products themselves were in a real sense unsaleable in the sense that no consumer would knowingly buy them and the manufacturers could not as responsible manufacturers be seen to attempt to sell them. . . All those affected products which could by reasonably proportionate measures be withdrawn from the distribution chain were in a real sense unsaleable. I do not consider that the CO2 can be regarded as of satisfactory quality if it had this effect on the end product into which it was introduced. . . In that situation, the public perception will be that the carcinogen simply ought not to be present at all and the manufacturers ought not to attempt to sell products which have been in that way inadvertently contaminated. . . ‘
Judges:
Tomlinson J
Citations:
[2002] 1 Lloyds Rep 20
Statutes:
Sale of Goods Act 1979 14, Unfair Contract Terms Act 1977 3
Jurisdiction:
England and Wales
Citing:
Appealed to – Messer UK Ltd and Another v Britvic Soft Drinks Ltd and others CA 30-Apr-2002
The parties contracted for the supply of material to be used in the manufacture of drinks. The material was to be supplied according to a recognised British Standard.
Held: The use of the British Standard of itself was not sufficient to imply . .
Cited by:
Appeal from – Messer UK Ltd and Another v Britvic Soft Drinks Ltd and others CA 30-Apr-2002
The parties contracted for the supply of material to be used in the manufacture of drinks. The material was to be supplied according to a recognised British Standard.
Held: The use of the British Standard of itself was not sufficient to imply . .
Cited – Jewson Limited v Boyhan as Personal Representative of the Estate of Thomas Michael Kelly CA 28-Jul-2003
The company appealed a finding that it was in breach of the 1979 Act. The deceased had bought boilers from the appellant. They were said not to be satisfactory, in that they were not as energy efficient as they had been described to be.
Held: . .
Lists of cited by and citing cases may be incomplete.
Contract, Consumer
Updated: 28 June 2022; Ref: scu.187445