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Discussion in 'Off Topic [BG]' started by xcental34x, Feb 16, 2006.
Can someone explain to me why I wouldn't be able to sue for false advertising?
For the same reason you can't sue for Gushers showing kids eating their fruit snacks and their heads turning into fruits.
Drink too much and get a heart attack. That's why.
They have better lawyers than you.
Mere puffery about a product is not considered misleading or deceptive.
Their adds are cartoons, the cartoons get wings, it's quite obvious that it isn't real. If they did the same thing, except rigged a system up with real people and actually made a serious attempt to persuade consumers that Red Bull really does give you wings, and you were able to make a case that proves that 1 - Red Bull cannot give you wings, and 2 - You purchased the product under the premise that you would get wings, then by all means.
And yes, they have better lawyers than you, so you'd still lose.
And don't think common sense, that doesn't always matter in the legal system.
Puffery. Cool- I like that. A brief definition, perhaps?
Here you go:
"Puffery" is a representation, statement, or conduct that clearly over-exaggerates the attributes or characteristics of some product or service and is not intended to be an offer to be relied upon. Puffery consists of statements commending particular subject matter and not statements of fact or promissory statements. The non-specific language of a puff fails to satisfy the criteria of contractual obligation for the reason that no contract was intended: Carlill v Carbolic Smoke Ball Co  1 QB 256; [1891-94] All ER Rep 127. It may still constitute misleading or deceptive conduct (although not a contractual term) where it has the capacity to lead persons into error. A puff or a ‘mere puff’ is to be contrasted with a misrepresentation or misleading representation, which would not be clearly unsustainable, and would be likely to be believed by at least some persons.
Thats an overview of the Australian position.
On behalf of The United States Of America(or at least U.S. citizens who may agree w/me), thank you. BTW, the term 'mere' adds quite a bit for me.
They say at the end that it doesn't give you wings now, they are covering their tooshies
They're changing their position? They're now claiming it doesn't give you wings? Flip floppers. Justice needs to be served.
Red Bull almost gave me some kind of a stroke or something. We were entrants in the 1st annual red bull soapbox derby (denver) and I was pretty dehydrated as usual. the only thing easily available were all these bins of red bull... for free even....I drank at least 8 or so....it almost gave me wings
I'm distubingly addicted to this drink.
"Eat a snickers and become President"
If you eat Mentos, you can be a jackass and nobody will care
Well, what if a little kid drinks red bull thinking that it will give him wings, so he jumps of a building and dies?
Red Bull and Jager make you drunk. Ask Tim Cole!
ever wonder why it's called Red Bull?
yummy ox bile, my favorite