Does the implied warranty of merchantability apply to the purchase of weight-loss supplements?

Does the implied warranty of merchantability apply to the purchase of weight-loss supplements?

Milan purchased saffron extract, marketed as “America’s Hottest New Way to a Flat Belly,” online from Dr. Chen. The website stated that recently published studies showed a significant weight loss (more than 25%) for people who used pure saffron extract as a supplement without diet and/or exercise. Dr. Chen said that the saffron suppresses appetite by increasing levels of serotonin which reduces emotional eating. Mary took the extract as directed without any resulting weight loss. Answer the following question in 250words.

  • Did Dr. Chen’s website make any express warranties on the saffron extract or its effectiveness in causing weight loss?
  • Does the implied warranty of merchantability apply to the purchase of weight-loss supplements?
  • Did Dr. Chen’s sale of saffron extract breach the implied warranty for fitness for a particular purpose?
  • Can Mary argue the applicability of either the doctrine of unconscionability or the doctrine of commercial impracticability to win her case?
 
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