The Pill and the Code
Frey, Martin A.
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This article examines the Uniform Commercial Code remedies available to consumers who suffer a stroke, heart attack, or physical side effect due to birth control pills. Although the Code provides for personal injury damages for breach of an implied warranty of merchantability or an implied warranty of fitness for a particular purpose, Professor Frey identifies seven remaining obstacles to recovery. Professor Frey concludes that a consumer injured by oral contraceptives is likely to be denied a cause of action under the implied Code warranties and puts forth reasons why courts should be more receptive to an injured consumer’s claim.