The Kellogg Co. won a round in its battle to hold a packaging company liable for cereal box liners that gave off an odor that triggered complaints that the apparent chemical smell made consumers sick.

U.S. District Judge Paul Maloney of the Western District of Michigan denied FPC Flexible Packaging Corp.’s motion for summary judgment, ruling on Aug. 15 that Kellogg’s dictate of the type of wax to be used in the allegedly tainted liners did not absolve FPC of breach of warranty claims.