Could this be a false advertising case? Can I sue? 7 Answers as of April 11, 2013

Can 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?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Sue Mother Nature. Did this terrible thing hurt you? I doubt it.
Answer Applies to: Michigan
Replied: 4/11/2013
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
Probably not. False advertising is when they promote sales on representations known to be untrue. What you are describing sounds more like a mistake. Anybody can make a mistake.
Answer Applies to: New York
Replied: 4/8/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
It could, but what are the damages? None to speak of, so it wouldn't be worth the effort.
Answer Applies to: Idaho
Replied: 4/8/2013
David F. Stoddard
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
Replied: 4/8/2013
Gates' Law, PLLC | Thomas E. Gates
No, it is expected that the "seedless" fruit may have a seed in it since that is its natural form.
Answer Applies to: Washington
Replied: 4/8/2013
    Musilli Brennan Associates PLLC
    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
    Replied: 4/8/2013
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