U.S. Restaurants Continue Slow Recovery in Week Ending May 17 as More States Reopen

Customer transactions at major U.S. restaurant chains declined by 21% in the week ending May 17 compared to same period last year, a slight gain from last week’s 23% decline and the fifth consecutive week of improvement, reports The NPD Group. Major quick service chain restaurants, which represent the majority of restaurant transactions, improved transaction declines to 20% in the week compared to a 21% decline in the prior week from year ago, according to CREST Performance Alerts, which provides a rapid weekly view of chain-specific transactions and share trends for 70 quick service, fast casual, midscale, and casual dining chains.

Continued improvement in restaurant chain transaction declines was aided by adding 93,000 restaurant units in states where restrictions to on-premise dining were lifted from the week ending May 10 to the week ending May 17. These openings are more critical for...

Full Story »








































































































































































































































































































































































































































































































































































































Wed. Mar 11, 2020

Broiler Hatchery

















































Wed. Mar 4, 2020

Broiler Hatchery
































Ranking Member Stabenow Introduces Legislation to Protect America’s Food Supply

U.S. Senator Debbie Stabenow, Ranking Member of the U.S. Senate Committee on Agriculture, Nutrition, and Forestry, introduced legislation to help protect the food supply after the COVID-19 crisis has put an unprecedented strain on farmers, workers, food banks, and families.

“The COVID-19 crisis has tested the strength of our nation’s food supply chain, creating a ripple effect that’s harming our families, farmers and workers,” said Senator Stabenow. “This bill will help strengthen our food supply by redirecting food to families and helping farmers and processors retool their operations.”

The shift in demand from restaurants and food service to retail and food donations has caused bottlenecks in the supply chain. Meanwhile, outbreaks of COVID-19 in food processing plants have...

Full Story »
May 28 3:35 PM, General News



DoorDash Launches Initiative to Continue Supporting Local Restaurants

DoorDash announced Main Street Strong, an initiative to help restaurants navigate the recovery phase of the COVID-19 pandemic. Through this initiative, DoorDash is launching a suite of products, programs, and policies to help restaurants grow their business and take control of the customer experience by building their own digital ordering solutions.

As part of the "Main Street Strong" initiative, DoorDash is announcing new products and programs aimed at helping restaurants build their own brands online according to their unique needs.

Launching DoorDash Storefront, a service that enables restaurants to create their own online stores, providing them with a turnkey solution to offer their customers on-demand access to their restaurant without investing in in-house logistics. By our estimate, 40% of our restaurant partners today do not have...

Full Story »
May 28 3:23 PM, General News


Yum China Releases 2019 Sustainability Report

Yum China Holdings, Inc., issued its annual Sustainability Report, which highlights its commitment to sustainability and dedication to giving back to the community. It is the Company's third annual Sustainability Report since becoming an independent, publicly-traded company in 2016.

The new report outlines Yum China's sustainability strategy and its accomplishments in 2019, underscoring the importance of sustainability, innovation and culture to the Company's operations. The report also reflects Yum China's commitment to developing goals and taking actions in line with the Sustainable Development Goals to support the United Nations 2030 Agenda.

"As China's largest restaurant company, we are committed to working with stakeholders across the value chain to promote economic, social, and environmental sustainability. This is crucial not only for...

Full Story »
May 28 3:11 PM, General News


Technomic: Turmoil, Uncertainty and Some Relief Expected for Foodservice Over the Next 18 Months

The foodservice industry will experience significant declines in 2020.

The degree of decline will be dependent upon the timing of lifting restaurant closure restrictions, the status of school and college openings in the fall, the degree of travel return and a possible second COVID-19 wave in the fall.

Healthcare and retail hosts will be the strongest performers

In terms of segments, healthcare will perform at the strongest level in 2020, followed by retail hosts (e.g., c-stores, supermarkets) and limited-service restaurants. Retail and healthcare are less impacted by closures and LSR is strongly positioned for off-premise business. The most affected segments are...

Full Story »
May 28 3:03 PM, General News


Tyson Foods Publishes 2019 Sustainability Report 

Tyson Foods, Inc. published its 2019 Sustainability Report, “Grow – Deliver - Sustain”, outlining progress toward its sustainability goals and announcing key achievements in five focus areas: Food, Animal Welfare, Environment, Workplace, and Communities. The goal of Tyson Foods' sustainability initiative is to ensure the company produces safe, nutritious food for the global population and makes a positive impact on the world.

Tyson Foods’ commitments to help build a more safe, environmentally sound and sustainable food system represent a key element of the company's broader vision to raise the world's expectations for how much good food can do. Its strategy for sustainably feeding the world with the fastest-growing protein brands focuses on growing its business by delivering superior value to consumers and...

Full Story »
May 28 2:37 PM, General News


Coronavirus Continues to Impact the Unemployment Rate but Initial Claims Decrease 

According to the U.S. Department of Labor, the figure for initial unemployment claims was 2,123,000 for the week ending May 23. This week's number is a decrease of 323,000 from the previous week's revised level. The updated 4-week moving average was 2,608,000, a decline of 436,000 from the prior week's revised average.

For the week ending May 16, the adjusted insured unemployment rate reached 14.5%, a decrease of 2.6 percentage points from the previous week's rate. Also, the rate for the week prior was revised down by 0.1 to 17.1%. The 4-week moving average was 22,722,250, an increase of 760,250 from the previous week's revised level.

The number of actual initial claims under state programs, unadjusted, totaled...

Full Story »
May 28 10:12 AM, Urner Barry


Marfrig and ADM Unveil Plant-Based Joint Venture 

Marfrig and ADM announced an agreement to create PlantPlus Foods, a joint venture for the sale of plant-based food products across South American and North American markets.

Marfrig, one of the world’s leading beef producers and the world’s largest beef patty producer, and ADM, a leading global nutrition company, already have a successful history working together to develop and produce sustainable, plant-based foods in South America. Now, PlantPlus Foods will expand on that successful relationship.

“Marfrig’s production and distribution capacity and its experience and know-how in working with high-quality meat, combined with ADM’s technical and development excellence and its industry-leading plant-based ingredient and natural flavors portfolio, will provide...

Full Story »
May 28 8:52 AM, General News


Sanderson Farms Reports Results for Second Quarter of Fiscal 2020

Sanderson Farms, Inc. today reported results for its second fiscal quarter and six months ended April 30, 2020.

Net sales for the second quarter of fiscal 2020 were $844.7 million compared with $845.2 million for the same period a year ago. For the quarter, the Company reported net income of $6.1 million, or $0.28 per share, compared with net income of $40.6 million, or $1.83 per share, for the second quarter of fiscal 2019.

Net sales for the first six months of fiscal 2020 were $1,667.8 million compared with $1,588.6 million for the same period of fiscal 2019. The net loss for the first half of the fiscal year totaled $32.5 million, or $1.48 per share, compared with net income of...

Full Story »
May 28 8:18 AM, General News


Domino's Pizza Announces Business Update

Domino's Pizza, Inc., announced preliminary information from the first eight weeks of the second quarter in advance of its second quarter earnings release on Thursday, July 16, 2020 in light of the dynamic situation related to the COVID-19 pandemic.

Statement from Ritch Allison, Domino's Chief Executive Officer:

"Today we are providing a business update which includes preliminary sales results from the first eight weeks of the second quarter. We are doing so in the spirit of transparency, and due to the material increase in U.S. same store sales that we have experienced subsequent to...

Full Story »
May 28 8:14 AM, General News


Lightlife Reinvents Plant-Based Protein Line with Simpler Ingredients and New Look

Lightlife, owned by Greenleaf Foods, SPC, announced sweeping changes to its product portfolio to deliver the cleanest ingredient labels in the plant-based meat category. Driven by growing consumer demand for products with ingredients they understand, Lightlife is making it easier for consumers to make healthier food choices by offering plant-based meat products made only with simple, recognizable ingredients, like pea protein, brown rice, dried red bell pepper, and beet and cherry powders.

To define its new brand and business strategy, Lightlife conducted a comprehensive research study, connecting with more than 11,500 consumers to better understand their values and expectations from plant-based protein. The study uncovered five unique demand spaces that define specific consumer needs for...

Full Story »
May 28 8:14 AM, General News


U.S. Restaurants Continue Slow Recovery in Week Ending May 17 as More States Reopen

Customer transactions at major U.S. restaurant chains declined by 21% in the week ending May 17 compared to same period last year, a slight gain from last week’s 23% decline and the fifth consecutive week of improvement, reports The NPD Group. Major quick service chain restaurants, which represent the majority of restaurant transactions, improved transaction declines to 20% in the week compared to a 21% decline in the prior week from year ago, according to CREST Performance Alerts, which provides a rapid weekly view of chain-specific transactions and share trends for 70 quick service, fast casual, midscale, and casual dining chains.

Continued improvement in restaurant chain transaction declines was aided by adding 93,000 restaurant units in states where restrictions to on-premise dining were lifted from the week ending May 10 to the week ending May 17. These openings are more critical for...

Full Story »
May 28 8:13 AM, General News


The Trip Back to 'Normal' Slaughter Levels

Tuesday, May 26th, was a relative milestone for the hog industry as of late. The day’s kill was estimated at 405,000 head, the first time daily slaughter reached the 400,000 mark since April 17th. While this is a small victory, it is a victory nonetheless for an industry that has seen a precipitous drop in chain speeds due to COVID-19. The last time hog slaughter was near ‘normal’ was the week ended April 18th. Just two months ago, the industry achieved the largest daily hog slaughter on record at 500,879 head. As worker absenteeism and plant shutdowns disrupted chain speeds drastically during the last week of April, daily kill dropped to as low as 267,367 head, nearly 47% off its peak. 

It has been a slow but steady climb back to ‘normal’ slaughter levels. The improvement in production capabilities during the latest five weeks has helped nudge last week’s kill to over 2 million head. Early indications for this Saturday’s slaughter are pushing... 

Full Story »
May 27 10:49 AM, UB Newswires


Consumer Confidence Index Stabilizes in May

The Conference Board Consumer Confidence Index held steady in May, following a sharp decline in April. The Index now stands at 86.6 (1985=100), up from 85.7 in April. The Present Situation Index – based on consumers’ assessment of current business and labor market conditions – declined from 73.0 to 71.1. However, the Expectations Index – based on consumers’ short-term outlook for income, business and labor market conditions – improved from 94.3 in April to 96.9 this month.

The monthly Consumer Confidence Survey, based on a probability-design random sample, is conducted for The Conference Board by Nielsen, a leading global provider of information and analytics around what consumers buy and watch. The cutoff date for the preliminary results was...

Full Story »
May 27 8:15 AM, General News


Former FedEx Executive Appointed to Tyson Foods Board of Directors

David J. Bronczek, 65, has been appointed to the board of directors of Tyson Foods, company officials announced. 

Bronczek is the recently retired president and chief operating officer of FedEx Corporation, the global logistics and transportation company. He was part of FedEx for more than 40 years, starting as a courier and progressing into the company’s management ranks. His roles included leading FedEx Express in Canada, Europe, the Middle East and Africa, and later serving for 17 years as president and CEO of FedEx Express.

A native of Ohio and graduate of Kent State University, Bronczek also has experience as an independent public company director, previously serving on the board of International Paper. He also previously served as...

Full Story »
May 27 8:15 AM, General News


Hormel Foods Announces Retirement and Advancements

Hormel Foods Corporation, a global branded food company, today announced the upcoming retirement of Larry Vorpahl, group vice president and president of Hormel Foods International Corporation. As a result, Swen Neufeldt, currently vice president of Meat Products marketing for the company’s Refrigerated Foods division, has been named group vice president and president of Hormel Foods International Corporation. Lisa Selk, currently director of Hormel Health Labs and the company’s CFI business, will assume the post of vice president of Meat Products marketing for Refrigerated Foods. Vorpahl’s retirement and the related moves will be effective this summer.

Hormel Foods Chairman of the Board, President and Chief Executive Officer Jim Snee commended Vorpahl on what he called...

Full Story »
May 27 8:14 AM, General News


Prime Pork to Merge with Hylife 

Prime Pork is excited to announce that they will continue to expand their operations with the merger of their business with Hylife. Founded by Glen Taylor in 2016 to resurrect the former PM Beef facility, Prime Pork now employs more than 650 people.

“I have been really pleased with the employees at Prime Pork. With this new partner and leadership, I am confident this agreement will be great for the community, employees and area producers.” said Glen Taylor.

“This is a unique opportunity to partner with an operation that has an established network of producers, customers, and employees,” Grant Lazaruk, President and Chief Executive Officer of HyLife, commented about the addition of over...

Full Story »
May 27 8:14 AM, General News


Food E-commerce Market Projected to Reach $498 Million by 2026

Consumer behavior in the food industry is transforming owing to rising e-commerce and technological trends. The food and beverage industry is gradually moving towards e-commerce, that's certain, but its full potential is yet to be exploited.

Infinium global research has recently published a global report on "Food E-commerce Market," the reported study estimated the market for food e-commerce to be USD 138 million in 2019 and is projected to reach up to USD 498 million in 2026, with a Compound Annual Growth Rate of 20.3%, over the forecast period of...

Full Story »
May 27 8:14 AM, General News


CHART: Industry Expectations for Weekly Cattle Slaughter

Full Story »
May 26 3:14 PM, Urner Barry


PODCAST: What's Shakin with Bacon? Volatility in the Pork Market

Russell Barton joins the show (from a distance) to discuss the unprecedented volatility in the pork market due to COVID-19. This segment covers retail, foodservice, unemployment, exports, and more...

Full Story »
May 26 12:00 PM, Urner Barry


Conagra Brands Recalls Frozen Not-Ready-To-Eat Chicken and Turkey Bowl Products

Conagra Brands, Inc., Russellville, Ark. and Marshall, Mo. establishments, are recalling approximately 276,872 pounds of not ready-to-eat chicken and turkey bowl products because the products may contain extraneous material, specifically small rocks, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

The scope of this recall has been expanded to include Healthy Choice Power Bowls Chicken Feta & Farro Bowls, Healthy Choice Power Bowls Unwrapped Burrito Scramble Power Bowls, and Healthy Choice Power Bowls Turkey Sausage & Egg Scramble Power Bowls produced on various dates. The products were produced at two different establishments.

The following additional products are subject to recall...

Full Story »
May 26 9:23 AM, General News


Taco Bell Plans to Hire 30,000 Team Members this Summer

Taco Bell announced today that it, together with its franchisees and licensees, plans to hire at least 30,000 team members this summer. The company and its franchisees are committed to being the safest place to work, and Taco Bell has previously introduced strict steps to protect team members, including temperature checks, contactless service and mask and glove requirements. During a time of uncertainty, Taco Bell and its franchisees are proud to offer jobs and welcome more individuals to their community.

“Since COVID-19 became a reality, we have continued our commitment to putting our people first,” said Taco Bell’s Chief People Officer Kelly McCulloch. “We work closely with our franchisees to ensure that we’re meeting...

 

Full Story »
May 26 8:15 AM, General News


ANALYSIS: COVID 19 Rooted Chicken Production Cutbacks on Tap 

Not a day goes by when the immediate and future potential impact of COVID-19 isn't central to dialogue...

Full Story »
May 22 8:15 AM, Urner Barry


UB Consulting Presents: The Other Side of COVID-19

The latest report from UB Consulting provides a look into what The Other Side of COVID-19 looks like for the protein industry. 

Although each commodity’s foodservice dependence varies widely, the ripple effects across supply chains continue to be felt, from inconsistent supply availability and price volatility, rising unemployment and changing consumer behavior. UB Consulting has outlined the biggest impacts seen in the egg, red meat, chicken, and certain segments of the seafood value chain as well as a few things to watch out for as we move closer to the "other side" of this pandemic. 

Click HERE to read this exclusive report...

Full Story »
May 22 8:15 AM, Urner Barry


Field Roast Expands Frozen Portfolio with Plant-Based Nuggets

Field Roast Grain Meat Co, owned by Greenleaf Foods, has added Plant-Based Nuggets to its portfolio of frozen plant-based appetizers and entrees. The crispy, bite-size nuggets feature a bold, inspiring taste and expand the brand’s frozen portfolio that also includes Fruffalo Wings and Miniature Corn Dogs.

“Remember the joy that a chicken nugget could bring you as a kid?,” said Dan Curtin, president of Greenleaf Foods. “We’re bringing that back with an absolutely delicious plant-based nugget...

Full Story »
May 22 8:14 AM, General News


BJ’s Wholesale Club Announces Record First Quarter Fiscal 2020 Results

BJ’s Wholesale Club Holdings, Inc. announced its financial results for the thirteen weeks ended May 2, 2020.

“Our top priority remains the health and safety of our members and team members during this challenging time and I am deeply thankful for the contributions of our dedicated team members this past quarter,” said Lee Delaney, President and Chief Executive Officer, BJ’s Wholesale Club. "While the coronavirus pandemic increased demand for our services, our team's hard work and the capabilities we have built over the last four years have enabled us to...

Full Story »
May 22 8:14 AM, General News


Has the Coronavirus Caused Consumers to Adopt New Eating Behaviors? 

Although social distancing measures have forced many people to stay indoors and start experimenting in the kitchen, the verdict is mixed on home cooking. According to Datassential, two in five consumers did not actually start cooking more often. However, about 35% found joy and excitement in discovering new dishes, yet more than a third of Gen X and households with children are sick of having to cook more often for their families.

For the most part, the pandemic has encouraged very few consumers to adopt new shopping and dining strategies, the rest are maintaining their prior routines. Online grocery shopping and grocery delivery have benefited the most from these new trials, with 21% trying grocery pickup for the first time, and...

Full Story »
May 22 8:13 AM, Urner Barry


TOURtech Touchless Menu Technology Helps Restaurants Reopen Safely

TOURtech unveiled its Touchless Menu technology, which broadcasts digital menus onto guests' personal smart devices. This system eliminates the need for disposable and reusable menus, supporting social distancing guidelines and helping reduce multi-touch items that can spread COVID-19 and other germs.

"We all want to reopen bars and restaurants, but in the safest possible way," said Allen Cook, founder and CEO of TOURtech. "Our technology provides safe ordering for customers and staff so restaurant owners can focus on...

Full Story »
May 22 8:13 AM, General News


Make Your Favorite Restaurant Dish at Home; Restaurants Turn to Meal Kits During Pandemic

Restaurants have been forced to get creative during the coronavirus pandemic. Some have launched family meal deals to lower the cost and lure back customers during a time when many are filing for unemployment. Others are launching make-at-home meal kits to allow diners to get that restaurant meal they crave right in the comfort of their own home.

99 Restaurant and Pub, which has over 100 locations across the Northeast, just announced that guests can now make their favorite entrees with their new...

Full Story »
May 21 12:10 PM, SeafoodNews


April Restaurants Sales Hit Lowest Point in 35 Years

According to the National Restaurant Association, consumer spending at eating and drinking establishments was at its lowest level since October 1984, when adjusted for inflation.

In the month of April, sales at eating and drinking establishments reached $32.4 billion, on a seasonally-adjusted basis according to data from the U.S. Census Bureau. In January, sales were more than double April’s mark at $65.4 billion.

April sales were the smallest in volume since March 2005, but when adjusting for inflation it was the lowest mark in 35 years...

Full Story »
May 21 10:39 AM, Urner Barry


Initial Unemployment Claims Decrease from Previous Week's Level

According to the U.S. Department of Labor, in the week ending May 16th, initial unemployment claims totaled 2,348,000. This is a decrease of 249,000 from the previous week's revised level. Claims totaled 2,687,000 in the last week, and the 4-week moving average was 3,042,000, a decrease of 501,000 from week prior. The advance seasonally adjusted insured unemployment rate was 17.2% for the week ending May 9th, an increase of 1.7 percentage points from the previous week's revised rate.

The advance number of initial claims under state programs, unadjusted, reached 2,174,329 in the week ending May 16th. This represented a decrease of 182,265 or 7.7%. To compare, there were...

Full Story »
May 21 9:47 AM, Urner Barry


Hormel Foods Reports Second Quarter Results

Hormel Foods Corporation today reported results for the second quarter of fiscal 2020. All comparisons are to the second quarter of fiscal 2019 unless otherwise noted.

The impact of the Sadler’s Smokehouse acquisition (March 2020) and the CytoSport divestiture (April 2019) are excluded in the presentation of the non-GAAP measures of organic volume and organic net sales. The impact of the one-time gain associated with the CytoSport divestiture last year is excluded from prior year adjusted pretax earnings and adjusted diluted earnings per share. Operating free cash flow is also presented as a non-GAAP metric.

Executive Summary

  • Volume of 1.2 billion lbs., up 4%; organic volume1 up 7%
  • Record net sales of $2.4 billion, up...
Full Story »
May 21 8:20 AM, General News


ANALYSIS: Fresh Tom Breast Meat: A Seasonal Assessment

Following a sluggish start to this year’s meat trade environment, marketers are finally embracing the return of...

Full Story »
May 21 8:20 AM, Urner Barry


Darden Restaurants Provides Business Update

Darden Restaurants, Inc., provided an update of certain business results given the dynamic environment resulting from COVID-19.

"As we continue to reopen our dining rooms, we remain dedicated to providing a safe environment for our team members and guests," said CEO Gene Lee. "Early signs show that our loyal guests are grateful for the opportunity to dine-in with us, and they appreciate the added safety measures we have implemented. At the same time, our To Go business remains strong. I am pleased that we are able to return some team members from furlough to support these phased openings, and we look forward to safely serving more guests as...

Full Story »
May 21 8:19 AM, General News


Boston Market Names Randy Miller As President

Boston Market announced that Randy Miller has been named as President effective immediately. Eric Wyatt will transition to Chief Operating Officer, responsible for leading the brand's field leaders and restaurant teams.

A Boston Market veteran of more than 25 years, Miller has served in multiple positions throughout the Company. Most recently, he served as Chief Administrative Officer and General Counsel for Boston Market, overseeing its legal team and playing an instrumental role in corporate strategy and the success of the brand. In his new role, Miller will work closely with Engage Brands, which recently assumed ownership of Boston Market, to lead the Company into its next chapter of growth...

Full Story »
May 21 8:19 AM, General News


Technomic: Consumer Perspective on Social Distancing Measures within Restaurants

Following CDC guidelines for safe social distancing, half of consumers would be comfortable dining in at restaurants with a 6-foot distance between tables. However, more than a quarter would be more comfortable with 9-15 feet.

More consumers willing to social distance than wear protective gear

More than half of consumers would follow social distancing measures, but less than half would be willing to wear a mask or gloves when in a restaurant. Consumers ages 35-44 are more likely to...

Full Story »
May 21 8:18 AM, General News




URNER BARRY INDICES




Load More
Label Label
Foodmarket, a specialized media offering from Urner Barry, is the premier source of market news for the food industry.

DISCLAIMER
THE INFORMATION, PRODUCTS, CONTENT AND DATA ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND DATA ON THE SITE (INCLUDING, WITHOUT LIMITATION, DERIVED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND DATA AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, DATA, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE, INCLUDING, WITHOUT LIMITATION, DERIVED CONTENT, OR ANY THIRD-PARTY SITES, PRODUCTS OR SERVICES LINKED TO FROM THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.