Question: Squish La Fish holds a patent on a plastic device called Tuna Squeeze that squeezes oil and water from cans of tuna. A distributor ordered

Squish La Fish holds a patent on a plastic device called "Tuna Squeeze" that squeezes oil and water from cans of tuna. A distributor ordered two million units. Squish hired ProPack to affix each Tuna Squeeze to preprinted cardboard "point of purchase" cards for display in stores. Pro Pack brought in Thomco to advise it as to the kind of adhesive to use to make the Tuna Squeeze stick to the cardboard. The Thomco representative recommended a 3M adhesive called Extra High Tack Adhesive Transfer and said that the adhesive would easily wash off of the Tuna Squeeze in warm water. Pro Pack and Squish relied on Thomco's advice.

1. The appeals court held that Thomco could be liable for negligent misrepresentation to Squish La Fish. Did Thomco intend to mislead Squish about the adhesive used in the packaging?
2. Would it seem a good defense for Thomco to say that Squish and ProPack should have tested the adhesive before going into production?

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