Can i sue Trident splash for there not being a splash like in the commercials when i chew it?

Question

Can i sue Trident splash for there not being a splash like in the commercials when i chew it?
There's no disclaimer in the commercials saying "there will not be an actual splash upon chewing" or anything, so there should be a splash! Think i could sue them? Or actually get anything?

Answer 1

You could sue, but I doubt that you would win!

There is legislation in place that prevents companies or corporations from making false or misleading claims. In Australia this is evident in the Trade Practices Act, as well as many other state legislation. It would be the same situation in the US. As such, by making false claims not only could you sue but they would face criminal charges as well!

HOWEVER, it is accepted that companies or corporations are going to make their products seem to be the best product around, it is accepted that some things will be exaggerated. This is known as mere puff. It is presumed that the reasonable person (which is pretty much a person with average intelligence and skills) will be aware of this.

For instance, there is a car ad on the television at the moment which has a man purchasing a car and after making such a purchase being chased by a number of gorgeous women. If I purchase the same car does that mean that I will be chased by gorgeous women/men as well? No it wouldn't.

As the reasonable person is able to recognise this, the court would rule, as they would in your situation, that the advertisment was mere puff, you claim was frivolous and it would be thrown out of court.

I honestly hope that this question was supposed to be humourous or satirical, if not, what has the world come to?

Answer 2

The lawsuit would be quickly deemed frivolous and thrown out of court by the judge or his staff.
Your problem is not new or unique. TV commercials for years have made products appear to be much more than they are.

Answer 3

Technically, it is faults advertising . . .could you win? . . . who knows . . .

Like the lady who bought a new motorhome, got on the freeway, set the criuse control and got up, went to the kitchen to make lunch. The motorhome ran off the road and crashed. She sued, saying that it did not state in the owners manual that she could not do that.
She won a new motorhome and almost two million dollars . . .

Answer 4

You could sue, but you would lose. You are held to a "reasonable person" standard. No reasonable person would actually believe that.

Answer 5

I say you call the company and tell them ur going to sue them,or call the news and say there fake,and persuade them to give you a lifetime supply of gum