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Law Pro
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Category: Consumer Protection Law
Satisfied Customers: 23427
Experience:  20 years experience in consumer advocacy, debt collection violations, contracts, construction
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This may seem rather petty but I feel that I have been misled

Resolved Question:

This may seem rather petty but I feel that I have been misled into buying a product by expectations created by the picture on the packaging. Specifically, I bought some packets of Phillips 'Maryland Style Crab Cakes': in the reasonable belief that the picture on the box was indicative of the product inside the box. However, the packaging depicts a top quality crab cake which is full of pieces of lump crab meat: while the product is a mediocre crab cake with only occasional pieces of lump crab meat.

I complained to Phillips Foods some weeks ago and have, thus far, been ignored in the worst traditions of poor customer relations.

As a long-time former resident of the UK, I know that my UK remedy would be to report the matter to the local Trading Standards Office and/or the Advertising Standards Authority but I do not know if there are equivalents in the US. I am hoping that you can advise me if there is a simple process available to me; whereby I may try to stop Phillips Foods from using misleading advertising.

Of course, Phillips Foods did sell me crab cakes and the packaging carried a picture of crab cakes. It occurs to me that Consumer Protection Law in the US may not specifically require the packaging to be a fair representation of the contents. If that is so, I would appreciate your confirmation.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Pro replied 1 year ago.

Law Pro :

Hi. Thank you for using JustAnswer. My name is XXXXX XXXXX X’m going to assist you today.

Law Pro :

There is the FTC - the Federal Trade Commission.

Law Pro :

Section 5 of the FTC Act declares unfair or deceptive acts or practices unlawful. Section 12 specifically prohibits false ads likely to induce the purchase of food, drugs, devices or cosmetics. Section 15 defines a false ad for purposes of Section 12 as one which is "misleading in a material respect." Numerous Commission and judicial decisions have defined and elaborated on the phrase "deceptive acts or practices" under both Sections 5 and 12.

Law Pro :

Here is a link about such:

Law Pro :

http://www.ftc.gov/bcp/bcpap.shtm

Law Pro :

You can even file a complaint on that website about the product, the advertising of the product, or company and your thoughts about such.

Law Pro, Lawyer
Satisfied Customers: 23427
Experience: 20 years experience in consumer advocacy, debt collection violations, contracts, construction
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