ELECTRIC MANIA LTD V AVRON TRADING LTD

[2025] EWHC 159 (Comm), Circuit Commercial Court (KBD), His Honour Judge Pearce, sitting as a judge of the High Court, 29 January 2025

Sale of goods – Sale of hand sanitizer products – Labelled bottles claiming efficacy against specific pathogens – Product sheet making no claims – Whether misrepresentation – Implied terms – Sale of Goods Act 1979, sections 12(1), 14(2), (3) – Misrepresentation Act 1967, section 2(2)

In April 2020, the parties had entered into a contract for Electric Mania Ltd (EM) to purchase bottles of hand sanitizer from Avon Trading Ltd (AT). EM's aim was to source high-grade product compliant with standards and it was willing to pay a premium.