Defective Rubber Budding Strips Case
A Tyler rose grower noticed that the rubber budding strips were prematurely coming off of his grafted rose bushes. When the rubber budding strips came loose the exposed bud grafts died resulting in the loss of over 200,000 hybrid rose bushes. Through extensive discovery we learned that the rubber budding strips were actually cheap foreign copies made in Sri Lanka.
Analysis of the rubber budding strips revealed that during the manufacturing process an inadequate amount of ultraviolet light stabilizer had been added to the mix resulting in the budding strips breaking down prematurely in the East Texas sun. Through the use of an economist we were able to firmly establish the grower's economic damages and achieve an excellent settlement.
The problem of foreign made “knock off” products is a problem increasingly endured by both American manufacturers and consumers, particularly in the rubber products industry. In our case the growers requested rubber budding strips made by a particular name brand American rubber products manufacturer and received what was described to them as an identical “generic” product. Rubber products analyzed and copied in the lab of a business in a third world country may be almost identical but sometimes even the tiniest difference is crucial such as in our case where a tiny difference in the amount of ultraviolet stabilizer caused the budding rubbers to fall off prematurely and kill in excess of 200,000 bud grafts.
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