Silly Food Lawsuits

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Torn Mind

Lifer
Nov 25, 2012
12,043
2,763
136
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?
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.

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.
 

[DHT]Osiris

Lifer
Dec 15, 2015
17,072
16,220
146
TBF I don't have a lot of sympathy for bullshit marketing.

Just show the product you're selling or even better *don't*. Stop with all this plastic bullshit ship it in a little cardboard or parchment paper baggy and let god sort it out.

I would eat Peanuts butter cups even if they were shaped like little dead Jeane bene ramsey's face cause they're that good and I don't give a shit what they look like, just don't lie to me saying they look like scarlette Johnson.
Modern marketing is psychological manipulation and virtually all current forms of advertisement should be outright illegal, change my mind.
 
Last edited:
Feb 4, 2009
35,862
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^^ Example of why we need a maximum character count for posts.
Watch this.
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.

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.
Hey @Torn Mind what is the best Mariah song and why is it the best.
 

Red Squirrel

No Lifer
May 24, 2003
70,051
13,511
126
www.anyf.ca
Modern marketing is psychological manipulation and virtually all current forms of advertisement should be outright illegal, change my mind.

I do think there should be more regulations to stop purposely misleading people. Things like showing a happy face, when it doesn't have one or other decoration that is lacking shouldn't involve a lawsuit, but they should be told to cut it out. More serious things like misleading about health benefits could come with a bigger penalty.

A good example of this is breakfast cereal and how they advertise them as being a great healthy breakfast. Some of those things practically shouldn't even be considered a breakfast meal at all let alone healthy.
 

[DHT]Osiris

Lifer
Dec 15, 2015
17,072
16,220
146
I do think there should be more regulations to stop purposely misleading people. Things like showing a happy face, when it doesn't have one or other decoration that is lacking shouldn't involve a lawsuit, but they should be told to cut it out. More serious things like misleading about health benefits could come with a bigger penalty.

A good example of this is breakfast cereal and how they advertise them as being a great healthy breakfast. Some of those things practically shouldn't even be considered a breakfast meal at all let alone healthy.
The only thing that should be advertised about any breakfast cereal is the nutrition label. All food product boxes should be a black and white picture of the product, along with the nutrition label, ingredient list (all ingredients, no hiding behind 'natural and artificial flavors'), and a nutrition label, nothing else. If everyone plays nice I'd permit primary colors for box coloration (food is still B&W though).
 

Torn Mind

Lifer
Nov 25, 2012
12,043
2,763
136
I do think there should be more regulations to stop purposely misleading people. Things like showing a happy face, when it doesn't have one or other decoration that is lacking shouldn't involve a lawsuit, but they should be told to cut it out. More serious things like misleading about health benefits could come with a bigger penalty.

A good example of this is breakfast cereal and how they advertise them as being a great healthy breakfast. Some of those things practically shouldn't even be considered a breakfast meal at all let alone healthy.
You're concerned about the federal courts? They charge $400 just to file a case and these class action attorneys are not eligible for low income waivers of the filing fee. The courts WANT that money.

The class action lawyer usually eats the cost of lost time trying to battle in cases that wind up a loss because it's contingency fee. That's a fair penalty. And sometimes, I wonder if they already know they'll lose but the case still becomes a record for future citations one way or the other.

Enforcement of regulations is a similar process regardless of the sector
1. Complaint received from someone regarding misconduct
2. Investigation
3. If enough, legal process activated to enforce.
Watch this.

Hey @Torn Mind what is the best Mariah song and why is it the best.
Now That I Know
Emotions
You're So Cold
Always Be My Baby

The first three, you mix 18th century style European writing techniques from circa 1770-1850, gay nightclub dance house music beats fresh from the 1990s, and with disco influences from the 1970s.
Of the European music artificats she manages to emulate, maybe without knowing it: galant-style note flow, sonata form, rondo form, Adagio-Allegro opening, separating soloist from "orchestra" to form a vocal concerto in essence, aggressive long notes that emulates Beethoven and Mendelssohn showing off on the piano, 4 measure phrases, having a banger in the key of C minor. Live performances shows remarkable competency in performing varied repeats and far superior to unmusical academics like Robert Levin.

The last one, well, it's slow, it sounds simple, it's layered and harmonized in a way that is quite intricate.
 
Nov 17, 2019
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I kind of lean towards backing the merchant here:


A fee is a fee is a fee and this one was disclosed the same way many extras are.

The complainer sounds like one who wants everyone to do everything and takes no responsibility of her own to do even basic due diligence.
 

Torn Mind

Lifer
Nov 25, 2012
12,043
2,763
136
I kind of lean towards backing the merchant here:


A fee is a fee is a fee and this one was disclosed the same way many extras are.

The complainer sounds like one who wants everyone to do everything and takes no responsibility of her own to do even basic due diligence.
You know that some consumers are not exactly the best educated or even competent in the English language? Not everyone going into a Crumbl store or using the app is using an able-bodied college educated adult level of brain power.

And form of communication matters. An upfront in-your-face prices is going to trigger a different reaction than another tack-on, like a tip or service fee. People shop based on the face price.
 
Nov 17, 2019
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I would imagine that anyone going to a froofroo named place like 'Crumbl' probably IS a college educated overpaid yuppie drone type that relies on gagdets for connection to the world via cyber interfaces.


Real people get their cookies at grocery stores.
 
Reactions: pcgeek11
Dec 10, 2005
27,832
12,346
136
I don't think it's lawsuit material, but added fees are deceptive bullshit. It hides the total price behind mandatory fees. If a fee can't be avoided, it should be added to the posted cost.
I've seen this bs in some apartments rentals outside of Massachusetts: low rent advertised, but then they have administration fee, valet trash fee (that you can't opt out of), community maintenance fees, etc. First, it's like wtf is the rent for, and second, just make the advertised price higher instead of this deceptive bait and switch.
 

Torn Mind

Lifer
Nov 25, 2012
12,043
2,763
136
I would imagine that anyone going to a froofroo named place like 'Crumbl' probably IS a college educated overpaid yuppie drone type that relies on gagdets for connection to the world via cyber interfaces.

Real people get their cookies at grocery stores.
High school and middle school students? I got one in a wealthy shopping center surrounded by such minors.
And it's not like there's a delivery excuse for a delivery fee, which itself is questionable but probably legal.
 
Nov 17, 2019
13,211
7,849
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I don't see the cookie shop add-on and any different than a gratuity some places impose, or the credit card swipe fee.
 
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