Could this be a false advertising case? Can I sue? 7 Answers as of April 11, 2013Can I sue a company that strictly advertises seedless fruits but I bit into one of their products and chewed up a seed. It was supposed to be seedless and that is the only reason why I purchase that brand. Could this be a false advertising case?
David F. Stoddard | David F. Stoddard
There really is no cause of action for false advertising, although it could possibly be a breach of contract case. If you win, all you would get is what you paid for the fruit. Perhaps you could ask for your money back.
Answer Applies to: South Carolina
Musilli Brennan Associates PLLC | John F Brennan
Generally, even seedless fruits are known to have some seeds periodically. As for your claim, perhaps you could gain a replacement of the "defective" fruit but generally do not have any significant amount of damages disclosed and it would cost you more to bring an action than you possibly recover.
Answer Applies to: Michigan