Couple of Xmases ago, my wife gave me a portable cooler that she bought at Target. The following Easter, I wanted to use it to take food to Easter dinner six hours away. Discovered that the device could only cool down to 50 degrees.
According to the FDA, "To ensure that your refrigerator is doing its job, it’s important to keep its temperature at 40 °F or below...."
I took the cooler back to Target for refund which the manager refused. Claimed that store policy precluded refunds for items purchased more than 90 days before. Wrote to the Taget CEO and got the same refusal.
Problem here is the established legal principle of Implied Warranty of Merchantability which has no time limit. "An implied warranty of merchantability is created when a merchant of goods sells those goods as being fit or the ordinary purpose for which such goods are intended."
FDA requires food to be transported at 40 degrees. Target sold us a cooler that only cools to an unsafe 50 degrees. Target refuses to refund our purchase price.
Product or Service Mentioned: Target Manager.
Monetary Loss: $20.