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Old 04-18-2013, 12:16 PM
 
69,368 posts, read 64,001,245 times
Reputation: 9383

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Quote:
Originally Posted by newtoli View Post
They can be sued for damages for it in civil court (and were)

False advertising - Wikipedia, the free encyclopedia
Civil penalties, up to $2,500 for each violation, are allowed when a lawsuit is brought by an authorized government agency. However, the UCL does not permit punitive damages awards

I'm pretty sure $700,000 is far greater than $2,500, and the individual isnt the government.
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Old 04-18-2013, 12:16 PM
 
Location: Too far from home.
8,732 posts, read 6,769,906 times
Reputation: 2374
Quote:
Originally Posted by no1brownsfan View Post
Anyone who is smart enough knows that McDonald's has it's own brand. In knowing this, why wouldn't he look for a restaurant that may provide this option? If I'm McDonald's Corp, I'd fight this tooth and nail!
Oh lord. He made the choice to open a McDonalds in a Muslim neighborhood. Why would someone open a McDonald's in a Muslim neighborhood and advertise "halal"? Answer: it's good for business. In every Muslim neighborhood every restaurant, meat store and grocery store carry halal products.

Have you ever been to a Hasidic Jew neighborhood where they advertise "kosher"? If a Jew found that a store advertised kosher and didn't practice kosher that Jew would have every right to sue for false advertising.

McDonald's does produce halal products and ships it to the Middle East. McDonald's in the Middle East is the same as McDonald's in a big city. You can fing one every two blocks.

The owner didn't have to make adjustments to provide halal, he just needed to order halal from McDonald's. His problem is that when he ran out he thought he could substitute non-halal meat. Might mean nothing to you, but it means something to a Muslim.

Although not on a religious level, but as an example: If you purchased a handbag advertised as leather, took it home and found it was a very good imitation pleather, would you take it back, complain, demand your money back because you were deceived through false advertising?

The issue is not about "halal" as much as it is about false advertising.
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Old 04-18-2013, 12:18 PM
 
78,016 posts, read 60,232,230 times
Reputation: 49415
Quote:
Originally Posted by pghquest View Post
So when the local hotdog show advertises, "World famous hotdogs", they are breaking the law?

What law would that be?
I've seen better legal insights watching Spongebob defend Mr. Crabs in the episode where Plankton is faking a slip and fall accident.

Why don't you go brush up on your advertising law and stop wasting our time eh?
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Old 04-18-2013, 12:18 PM
 
1,519 posts, read 1,225,635 times
Reputation: 898
Quote:
Originally Posted by pghquest View Post
So when the local hotdog show advertises, "World famous hotdogs", they are breaking the law?

What law would that be?
I believe what people are talking about is the material misrepresentation of a product or service in a way that a customer would have only purchased the product or service because it was advertised a certain way but would have abstained from purchasing it if the truth had been known.

1/4 lb burger that only weighs half.
A 100% beef hot dog that is made of turkey.
Free checking that incurs a fee
And so forth.

That's material misrepresentation - just like "this meat is halal" or "our restaurant is glatt kosher."
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Old 04-18-2013, 12:19 PM
 
Location: texas
9,127 posts, read 7,927,961 times
Reputation: 2385
Quote:
Originally Posted by no1brownsfan View Post
Why should they advertise it in the first place?
No different than companies claiming to be Kosher. Michagan has a large Muslim community. Its good advertizing, poor company practice.
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Old 04-18-2013, 12:19 PM
 
Location: Too far from home.
8,732 posts, read 6,769,906 times
Reputation: 2374
Quote:
Originally Posted by pghquest View Post
So when the local hotdog show advertises, "World famous hotdogs", they are breaking the law?

What law would that be?
Well that would depend. Are they beef? chicken? or turkey?
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Old 04-18-2013, 12:20 PM
 
78,016 posts, read 60,232,230 times
Reputation: 49415
Quote:
Originally Posted by pghquest View Post
Civil penalties, up to $2,500 for each violation, are allowed when a lawsuit is brought by an authorized government agency. However, the UCL does not permit punitive damages awards

I'm pretty sure $700,000 is far greater than $2,500, and the individual isnt the government.
Did you really just confuse a settlement with potential civil penalites?

Quick, call McDonalds team of dozens of legal experts and tell them you've solved the whole thing!
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Old 04-18-2013, 12:21 PM
 
Location: Montreal, Quebec
15,082 posts, read 14,291,533 times
Reputation: 9789
Quote:
Originally Posted by pghquest View Post
So when the local hotdog show advertises, "World famous hotdogs", they are breaking the law?

What law would that be?
You see places advertising "world famous" or world's best" everywhere. That being said, I wouldn't order a hot dog because it was "world famous". I WOULD order it if it claimed to be 90 calories, and if it in fact has 458 calories, it's grounds for a lawsuit.
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Old 04-18-2013, 12:22 PM
 
5,524 posts, read 9,925,797 times
Reputation: 1867
It's false advertising genius.
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Old 04-18-2013, 12:22 PM
 
69,368 posts, read 64,001,245 times
Reputation: 9383
Quote:
Originally Posted by Mathguy View Post
I've seen better legal insights watching Spongebob defend Mr. Crabs in the episode where Plankton is faking a slip and fall accident.

Why don't you go brush up on your advertising law and stop wasting our time eh?
Or more likely you could not avoid the discussion by talking about you watching Spongebob..

The Facts About Truth in Advertising In The United States - TMRoe


According to the Federal Trade Commission Act and the FTC's Unfairness Policy Statement, an ad or business practice is unfair if:

· it causes or is likely to cause substantial consumer injury which a consumer could not reasonably avoid; and
· it is not outweighed by the benefit to consumers.

Which one of these would enter the equasion?
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