False Advertising Case Study

Advertising is “false or misleading” under Cal. Bus. & Prof. Code § 17500 if it contains “untrue or misleading” claims without adequate qualifying statements. Freeman v. Time, Inc., 68 F.3d 285, 289 (9th Cir. 1995).

Some items at Walmart or any grocery store do not have any nutritional facts. People would have a hullabaloo about how their favorite food is unhealthy for their self and their family. If items do not have nutritional facts list somewhere on the object it should not be sold. The author states that “ The United States of America’s Governments agree with labels on items and menus and menus boards.” Some of the items say that they are “Lowfat or Fat free,” which is false

Many consumers are often not aware that a large number of companies do not label everything they put

Behind every advertisement there is a hidden aspect. In the Orville Redenbacher’s popcorn advertisement, the company prides itself in producing non-Gmo corn by stating “Made with

I decided to compare fruity pebbles and honey nut cheerios. Both of this cereal come in a variety of sizes but remain in the same rectangular prism shape. These cereal are not only different in flavor but are very different in their product packaging. For example, the fruity pebbles have a very colorful packaging and you just can’t focus on one thing. There are pieces of cereal scattered everywhere, a bowl of cereal sort of in the middle, and it features cartoon characters. It uses a variety of cool and warm colors. It doesn’t include a lot of writing on the box when compared to the honey nut cheerios. While the honey nut cheerios only uses warm color and only focuses on one color throughout the whole packaging. It has a focal point in the

Lewis Daly, a lawyer from New York, instituted a lawsuit against Quaker Oats cereal. According to him, this cereal brand is dangerous for our health.

All cereal companies have something in common: they try to get you to think what you're buying is healthy For example Mini Wheats states that it is 100% Whole Wheat and

The packaging can be miss-leading and dishonest, and not quite the whole truth behind the manufactures label claims; it maybe artificial. For example, like when they box say’s it contains blueberries does it really? Or, is it just artificial ingredients; like sugar, certain oils, corn syrup, food coloring, and fructose. Although, most companies won’t display the whole truth behind their packaging, some manufactures actually hold up to the advertisement; by listing the actual ingredients listed on the packaging. So, as you see to achieve your desired goals as a business, it’s always the best policy to organize your message to the consumer; by thinking things out first and foremost. Start by “what’s the central idea, audience’s reaction, should it be outlined (deductive, or Inductive); use these to help consider the message being presented whether written or verbal” (Lehman, Dufrene, &

For example, “The Garcinia Cambogia fruit contains a natural extract called hydroxycitric acid (HCA) which researchers are finding may significantly increase weight loss efforts when combined with proper diet and exercise.” Notice how when describing the product NaturesTeaLeaf.com says that the product “may” increase weight loss. This gives the notion that it is either unproven or unsure that the product is even effective in the way that they are promoting it and could also be a tactic to avoid any type of lawsuits. According to Kim et al., Garcinia Cambogia failed to promote weight loss or any decrease in body fat whatsoever. This was concluded by assessing and testing eighty-six overweight subjects, both men and women ranging from twenty to fifty years old. The subjects were split into three different groups. One group was giving Garcinia Cambogia extract, another group was given Glycine max leaves (which is also a supplement for weight loss), and the third group was given a placebo (starch). The subjects were given these supplements for ten weeks straight. Before and after the ten weeks, measurements on the subjects were completed by the researchers in order to determine body composition, plasma cholesterol, and diet. After the ten week test was completed, researchers concluded that

There are about more than 2% people in NSW are obese and has develop the risk of cancer and type 2 diabetes, because of these health concerns healthy meal is very crucial in order to keep body weight in control. So, healthy packaging was not providing any specific information about the nutritional values of food and neither marketing no claims on the food package nor nutrition information on the food items explain the true story of the exact nutritional value and can be sometimes intricate for the customer. (Cancer Council NSW, 2013)

Thank you for your input and my sincere apologies for the late reply as I have been traveling heavily since my last email. All the points are noted, we shall leave the matter in the hands of the consumers. Generally, in America it is common for a competitor to file a lawsuit against another competitor if the products were mislabeled, as this will give them an unfair advantage, while not following the labeling guideline, as well as deceiving the consumers to purchase their products with fictitious or misleading information.

If a product has a nutrition claim on it, it has to have a panel, which has to be laid out as illustrated on the back of the pecan label.

On May 6, 2014 a lawsuit was filed against Blue Buffalo pet food by their competitors Purina for false advertising. The suit claims that Blue Buffalo deliberately mislead consumers to believe that they did not use by-product meal in the ingredients of their pet foods (The Inquisitr News, 2008-2016). In July of 2014 Purina hired Dr. James V. Makowski from Windsor Laboratories to conduct tests on Blue Buffalo food products (The Inquisitr News, 2008-2016). The tests concluded that many of the Blue Buffalo pet food bags contained poultry by-product meal, and that Blue Buffalo’s grain free pet food did indeed contain grains, both contrary to its labeling (The Inquisitr News, 2008-2016). Immediately after the allegations Blue Buffalo's CEO Bill

A young woman walks down an aisle in her local Wal-Mart, she’s tired from shopping, but she can see the light at the end of the tunnel, the last thing on her list, baby food. She looks at the sleeping infant in its carrier as she rifles the choices of food. She wants something healthy for her child, so she meticulously studies the ingredients list on every can. Finally, she makes a decision. A small, red barn adorns the attractive label on the jar. In fact, the little image is what drew her to the brand in the first place. “It looks good,” she thinks to herself. As she places a few jars into her shopping cart, she thinks about how easy it is to get food for her baby.

Pringles uses images of corn field with crop circles to convince the reader that Pringles differs from other products. The meaning of the word alien in this case, however, differs from the meaning that the claim attempts to use. Pringles uses this equivocation to imply their product’s improvement while also drawing attention away from their lack of evidence. Due to their lack of evidence and Pringle’s use of the equivocation fallacy, the claim loses believability. Contention: Pringle’s advertisement lacks evidence that supports the idea that their product tastes different.