Torn Mind
Lifer
- Nov 25, 2012
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You example isn't equivalent because the calculation that usually reaches into the millions involves a large number of people multiplied by calculated amount of damages. Anyone going into a class action suit knows this. In fact, cases like may very well be hand picked "victims" that have a connection with the lawyer filing suit.I got a package of York Peppermint Patties that shows them shaped as snowflakes. The patties are closer to a six point star of some kind than a snowflake.
Can I sue for a billion dollars?
Depending on whether the star shape induces a purchase over that of the snowflake. Your example might wind up being determined there is no difference in inducing a purchase or one shape is more desirable than another.
What you are disputing is a matter of facts, not a matter of law. You present a narrative with a different set of facts that is more inclined to a dismissal than this instant matter. Hershey was sue for using "white" and that being misleading because it wasn't white chocolate. I find myself agreeing with the trial court's dismissal because creme can be a white covering and it doesn't have to be white chocolate. In this matter, the face is much cuter than the plain chocolate, and there is also a pled fact that prior packaging was more representative of the candy inside.
The law is something granted by statute. If the advertisement does enough to induce a purchase, there may be a legal claim.
In addition, an attorney general has went after Hershey also for misleading advertisement.
It's quite amazing the difference in perception of a government attorney enforcing versus a private.
Here, a government attorney general was able to cause them to settle for about 186K because the packaging made it appear to have more than what it actually contained.
And the lay individual really doesn't a value a dollar, even though if someone does save a dollar over hundreds of transactions, that adds up materially. The people who do value money spent per transaction...they buy Costco or look at sales. The ones who don't, they'll anywhere, be it 7-Elevens, dollar stores, CVS, all of which are guaranteed to have a markup over a grocery store.