Is there a litmus test that a California consumer can readily apply when he or she feels certain that a company has engaged in fraudulent behavior regarding the marketing and/or sale of a product?
Unfortunately, things aren’t quite as simple as that.
Notwithstanding business realities, though, there is absolutely no reason for a consumer who has been defrauded by a company’s product line or offered services to passively suffer damages that result from unscrupulous business behavior.
Put another way: The days of unbridled caveat emptor — that is, the expectation that a purchaser must simply be on guard against business entities and suffer the consequences if duped — are long over. A host of strong and far-reaching state and federal laws address company fraud and consumer protection remedies against false advertising and other business wrongs.
In fact, there is a self-applied gauge to inform thoughtful consumers regarding the reality of company falsehoods in advertising.
And that is this: You often know it when you see it. Or taste it. Or plug it in and attempt to use it. Or experience adverse rather than salutary health benefits after ingesting it.
False advertising covers a lot of ground. It encompasses false labeling, unverified performance claims, misrepresentations regarding product components or ingredients and many other matters.
Companies in California and nationally have a duty to act in good faith when interacting with the consuming public.
And that duty is more than a mere ethical dictate. Deceptive business practices are unlawful and can result in civil and criminal penalties for a corporate defendant.
A Southern California consumer with questions or concerns regarding false advertising or any other harmful business behavior can obtain candid guidance and, when necessary, diligent legal representation, from a proven San Diego consumer protection attorney.