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Some of the examples they found seem to not even have any avocado oil. Is there a reason trial attorneys aren't jumping at the chance for a class action suit fo
by chadash 5y ago
Some of the examples they found seem to not even have any avocado oil. Is there a reason trial attorneys aren't jumping at the chance for a class action suit for this?
- zwieback 5y agoProbably not. Exaggerating but I could sell "Awesome Oil" without any actual awesome in it. Using Avocado in the name apparently is no different.
- rdtwo 5y agoPerhaps though I think a jury would disagree
- zwieback 5y agoThey might and maybe that would be good. However, to get to a jury the prosecutor would have to prove that a law was broken and that there's enough evidence against the defendant. If there's no such law there will never be a case.
- chadash 5y agoIf I sell Awesome Oil and then under the name, i put in "made from 100% extra virgin avocado oil" and put avocado oil in my ingredients list but it's really soybean oil, that's different than selling Awesome Oil but putting in actual ingredients in the ingredients list. 15 USC § 1125 gives civil liability to anyone "who in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities". I've seen state laws that cover this as well.
- boatsie 5y agoProving actual damages. Unless the law stipulates punitive damages, it’s too hard to prove how you were “damaged” by it not being avocado oil and the dollar amount. This is why many lawsuits aren’t filed even when companies have harmed people.
- azth 5y agoFalse advertisement.