What to do about the false labeling of a product?

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What to do about the false labeling of a product?

I know this sounds minor but I feel very cheated by these misleading labels. I bought a product today that claims to have a “26 minute instructional” video. First, the video is 16:30. Second, the video is instruction but not for the product that I purchased. Is this grounds for a class action or any case for false advertising or false labeling?

Asked on May 24, 2011 under General Practice, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may indeed have a cause of action for false advertising, consummer fraud, or even common law fraud. The question is whether it is worth taking action.

1) For an individual suit, you'd be suing for the value of the product, possibly some few additional costs. That's not likely worth a lawsuit.

2) A class action suit requires that there not only be other consumers who've bought the product, but (i) you can identify them; (ii) they feel defrauded or injured; (iii) they want to sign on to the suit. It can be alot of work and expense, and it does not increase what you, as a plaintiff, can recover--though your lawyer would make more.

Sometimes you have legal rights, but it's not worth vindicating them.


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