This browser does not support the Video element.
Consumer complaints force changes in advertising practices
Fox 26 Business Reporter Tom Zizka explores the legal boundaries of advertising, revealing how some consumers resort to court action despite established limits on what ads can convey.
HOUSTON - Companies can spend a lot of time and money on advertising, to encourage sales. While there are legal limits to what those ads can say, that doesn't stop some people from taking their complaints to court. Some of those complaints might be legitimate, but others, on their face, can seem frivolous.
Galveston trial attorney Mark Metzger says each of them begins with a vital question to be considered by the court, "How are you damaged? How can we make this right?"
RELATED: Hershey sued, accused of 'deception' in Reese's Peanut Butter Pumpkins
Depending on the jurisdiction, there can be a lot of flexibility in the answer to that question.
The new year began with a Florida woman suing the makers of Reese's peanut butter cups, complaining holiday versions of the candy did not look, exactly, like the images on the packaging. She's demanding $5 million, and it may not be far-fetched.
This browser does not support the Video element.
Last Summer, a Florida jury awarded a mother $800,000 after hot chicken McDonald McNuggets burned her daughter. When we asked, at the time, some of you said you'd consider suing. "If I had to go the hospital, and I got bills, I would try to get some money out of it," said one man.
But, where's the line between frivolous and legitimate? It's why the courts are there.
- To decide if Folger's coffee packaging misrepresents how many cups can be made with each can, which is still being considered.
- Whether Starbucks underfills its beverages, by overloading them with ice: Dismissed.
- A federal court said Burger Kind does have to defend against class-action claims its Whopper hamburgers appear bigger in ads, than in reality.
Each of those decisions sets a precedent, sometimes for good. In the 1990's, a New Mexico woman sued McDonalds, when she spilled near-boiling hot coffee on herself. As a result, the burger chain dialed down the coffee temperature to a level that was not dangerous for clumsy drinkers.
"Sometimes, yes, these cases can uncover a serious issue that's facing everyone, and we caught this (and) can take corrective actions," says Metzger.
Currently, Texas has a law called the "Texas Citizens Participation Act", that allows such cases to be considered quickly, whether to dismiss or move forward, and get to the heart of whether there's a problem that needs solving, or not.