Tobacco cigarettes during the four year statutory period, the statute of limitations bars the breach of warranty claims against American Tobacco. Plaintiffs argue that their claims survive, nonetheless, because of a tolling of the statute of limitations during the interim period. Texas allows the tolling of the statute of limitations for warranty claims only when there is an express warranty which explicitly extends to future performance. Safeway Stores, Inc. v. Certainteed Corp., 710 S.W.2d 544 (Tex.1986). None of the statements or ads relied upon by plaintiffs explicitly extend to future performance. Indeed, at most the ads could be construed to guarantee only transitory pleasure from the smoking of cigarettes. See Gunsalus v. Celotex Corp., 674 F.Supp. 1149, 1155 (E.D.Pa. 1987) (<HOLDING>). Further, the only case plaintiffs cite to
holding that a negative performance evaluation on its own is insufficient to constitute an adverse employment action as a matter of law holding as a matter of law that user who disclosed impermissible purpose was not guilty of obtaining information through false pretenses holding that future predictions and opinions especially those regarding future profitability of business cannot form basis for fraud as matter of law holding that the american advertisements promised smoker satisfaction that could be evaluated by the user immediately but did not constitute express warranties of future performance as a matter of law holding that in texas future predictions and opinions especially those regarding the future profitability of a business cannot as a matter of law form a basis for fraud