Md. Appeals Ct.: Manufacturers Subject to Express Warranty Under the UCC

ANNAPOLIS - In affirming a $250,000 jury verdict in a Maryland woman's claim against Rite Aid pharmacy for alleged misinformation in its Rite ADVICE prescription drug pamphlet, the Maryland Court of Appeals held that pharmaceutical manufacturers may be subject to express warranty claims under the Uniform Commercial Code. Rite Aid Corp. v. Ellen R. Levy-Gray. No. 0133, (Md. Ct. Sp. App.).

On March 13, the Appeals Court held that the Rite ADVICE pamphlet language at issue - which advises patients to 'take with food or milk if stomach upset occurs' - constituted an affirmation of fact regarding the plaintiff's doxycyline …