If Whole Foods Markets (WFMI) sells products which have false or misleading label claims can they be held they liable to consumers in any way? For example, if I have been paying $3-4 more for a gallon of their store brand milk because their label, advertising and other claims (i.e. Web site) imply a quality, safety or health benefit which drives my purchase but which isn't actually true and Whole Foods acknowledges these claims to be false can I seek damages?
2006-12-22 05:34:56 · 16 answers · asked by Anonymous in Food & Drink ➔ Other - Food & Drink
Why not? But the bigger problem for Whole Foods or others who might engage in this activity would be risk of federal regulators coming after them. Misbranding food products is a criminal offense at both the federal and (in most) state level.
If a product makes a false or misleading claim it is considered misbranded under section 403(a) of the Federal Food, Drug, and Cosmetic Act (the Act). Under section 403(a) of the Act, a product is misbranded if any information presented on the label or labeling (which extends to advertising/marketing) is false or misleading. This is enforced by the U.S. Food and Drug Administration (FDA) when it pertains to the label; it is enforced by the U.S. Federal Trade Commission (FTC) when it pertains to advertising. Penalties for violating the Act include imprisonment, property seizures and fines. http://www.fda.gov/opacom/laws/fdcact/fdcact3.htm
403(a): If (1) its labeling is false or misleading in any particular, or (2) in the case of a food to which section 411 applies, its advertising is false or misleading in a material respect or its labeling is in violation of section 411(b)(2).
2006-12-22 05:44:23 · answer #1 · answered by Paul O 1 · 0⤊ 0⤋
First of all, the Sioux aren't the largest Tribe. The Cherokee are. Then my tribe, the Navajo. Second, There aren't any "grocery stores" in White Clay. Nor is it what you'd think of as a "town". It is a collection of a half dozen walk-up wooden shacks that sell beer (and nothing else) They have no seats, and it's customers basically walk up to a counter and order their beer, pay, then have to go outside to drink it. Many people freeze and die in the winter. Some get hit by cars, walking in the road. White Clay exists in walking distance of Pine Ridge, just 200 feet over the reservation border (where alcohol is illegal) So it can take advantage of people. That's all it is, and all it is for. It serves no other purpose than to sell beer to indians. It is a miserable place. They exist to profit off the misery and suffering of indians. They are making money, and really don't care about the problems they are causing. They are taking advantage of a legal loophole in order to do this. White Clay isn't a town. It has no permanent residents. It has no other businesses or buildings. It is a huddle of beer shacks that calls itself a "town" for legal purposes. It is a leech, a parasite, a disease.
2016-03-29 03:51:28 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Yes, According to Section 5 of the Federal Trade Commission Act, the Commission has determined that a representation, omission or practice is deceptive it if is likely to mislead consumers and affect the consumers’ behavior or decisions about the product or service.
You should contact them.
2006-12-22 05:41:08 · answer #3 · answered by 11:11 3 · 0⤊ 0⤋
Well, if you have some real scientific proof or testing from some independent source then maybe. However, I'm sure your could find a lawyer who would love to make this a class action lawsuit.
That being said, the best and easiest thing to do is to stop buying it and persuade others of your claim with proof.
2006-12-22 05:44:21 · answer #4 · answered by jkm65 2 · 1⤊ 0⤋
Many companies use the words 'may,' 'helps' or other vague verbs to say "it might or might not be true" or "it wont hurt". Next time read into the claims and figure out what they are really trying to say - and don't get suckered again. Of course, you can sue for anything, but the problems with our legal system aren't the question here.
2006-12-22 05:49:25 · answer #5 · answered by 35racer 2 · 1⤊ 0⤋
Sure, you can seek damages. They will amount to the few dollars more you paid each time you shopped. Of course you will have to pay a lawyer and spend many hours going to court over and over, and you may, after a year or two, actually win the case and get your few dollars back. Wait! I've got it! Don't shop there anymore!
2006-12-22 05:40:59 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Yes you can but it would cost you money that you can prevent spending.
The better route to take would be to contact the better business bureau. Then, they'll take action and investigate and all the legal fees will fall on them.
2006-12-22 05:44:45 · answer #7 · answered by *Kelly June* 2 · 0⤊ 0⤋
Yes you can because what if you had a reaction if you ate this sort of name brand product.
2006-12-22 05:36:57 · answer #8 · answered by COREY H 1 · 0⤊ 0⤋
Of course you can sue, provided you have all the proof that you need and eye witnesses if you can get.
2006-12-22 05:58:10 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Don't buy it anymore. Wow, sue. Sure, go ahead. They have fired better lawyers then you could ever meet.
2006-12-22 05:36:35 · answer #10 · answered by Anonymous · 0⤊ 0⤋