Deceptive, should be illegal.It's just a product name, not a statement of origin.
I always thought it tasted like a combination of hot sauce and A1 steak sauce.Yes! That is the Valentina I was talking about a few posts back. What would you say the flavor profile is? Unlike most other hot sauces it has a definite spice flavor other then the peppers. Cumin maybe?
So back to the Texas Toast you posted... does the bakery name and product name have to be changed so people don't think they're buying quantum toast that's from both New York and Texas, when it's really neither?Deceptive, should be illegal.
Product name no, it's common knowledge that french fries don't come from france. It's a style of cooking. I would argue that a company shouldn't be permitted to use a location in their brand name unless they're actually making the product in that location. 'American Arms' shouldn't be making rifles in China, 'NY Bakery' shouldn't be making muffins in Ohio, and there better not be a 'southwest' anything in Maine.So back to the Texas Toast you posted... does the bakery name and product name have to be changed so people don't think they're buying quantum toast that's from both New York and Texas, when it's really neither?
Not even a "Southwestern salad"?and there better not be a 'southwest' anything in Maine.
Okay I'll bite..... how is "Texas" being used without the word "style" (or something similar) next to it not false-advertising?
Brand, not product. Southwestern salad is a product, 'salad mixin's' by 'southwest salad co' located in Augusta, is nono.Not even a "Southwestern salad"?
How can you be sure? It is a SECRET!All these years I BELIEVED my sauce had real Aardvark's and you took that away from me!
The matter in dispute in this and other cited cases is use of words regarding geographic origin to "represent" a product.It's the order of the words. It is Texas Pete, not Pete's Texas Hot Sauce. It is very clear from the packaging of several Texas Pete products, word and logo placement, that Texas Pete is the brand, and where the product is stated it only reads "Hot Sauce".
Further there is prior art in the product segment. Is Secret Aardvark hot sauce made out of Aardvarks? Is Weak Knees sauce made from knees? Is Black Bee sauce made of Bees? Is Newcomb's Atomic Hot sauce, atomic? Is Exit Wound Hot Sauce made out of blood? How about Satan's Blood Sauce?
Scorned Woman, X-Rated, After-Death, Mega-Death, Ass Reaper, Bloody Pirate, Beelzebub's Breath, Ghost Scream, Toxic Sludge, Lucky Dog, Dancing Skeleton, Eye Of The Scorpion, etc, etc, etc.
There is much wrong in the advertising world but this is too little to even register.
“For the purposes of a motion to dismiss, the Court takes well-pleaded allegations in Plaintiffs’ Complaint as true and draws all reasonable inferences in Plaintiffs’ favor. See Koch v. Christie's Intern. PLC , 699 F.3d 141, 145 (2d. Cir. 2012).” Hesse v. Godiva Chocolatier, Inc., 463 F. Supp. 3d 453, 460 (S.D.N.Y. 2020)
Take it up with the judges--appointed by the U.S President of the time--that denied the motion to dismiss on some counts and the states that passed some of the more stringent laws that allow a basis for violations of law to be pled."Texas-Toast" is a commonly available product made by more than one company and/or restaurant (DUNKIN has "Texas Toast" lol) it's not really comparable.
What might be a fair example however would be a "NY Pizza" that's actually made in Wisconsin but its ads/label implies otherwise. The "NY" part would unquestionably be total bullshit but it's not worthy of a court of laws time.
Ugh, it's a fucking two dollar box of pasta. That's what I bought when I bought pasta, but I never harbored notions that it was made in Italy.Italy's 'No. 1 brand of pasta' faces a class-action lawsuit over its products that are made in Iowa and New York (msn.com)
Barilla also to be sued.
I sense a revolt against traditional marketing.
'They're bad at manipulating people' shouldn't be a valid defense, though. It should be illegal to attempt to manipulate people.Ugh, it's a fucking two dollar box of pasta. That's what I bought when I bought pasta, but I never harbored notions that it was made in Italy.
Yeah, and I don't agree with your opinions. Putting "Italy's #1 Brand of Pasta" on the box doesn't qualify as advertising to me, doesn't imply that it's made in Italy, and I think there should still be some level of due diligence expected of the consumer, not have every little bit spoonfed to them. If their stupid arse can't flip around the box and see where it's made, that's on them.'They're bad at manipulating people' shouldn't be a valid defense, though. It should be illegal to attempt to manipulate people.
Yes, that would make most advertising illegal. As I said earlier in this thread, I have very strong opinions about advertising.
Maybe, but we also don't blame rape victims for getting raped, so we probably shouldn't blame victims of mental manipulation either. Double standards, and all that.Yeah, and I don't agree with your opinions. Putting "Italy's #1 Brand of Pasta" on the box doesn't qualify as advertising to me, doesn't imply that it's made in Italy, and I think there should still be some level of due diligence expected of the consumer, not have every little bit spoonfed to them. If their stupid arse can't flip around the box and see where it's made, that's on them.
Let me see if I can find a big enough eye roll for this level of false equivalence.Maybe, but we also don't blame rape victims for getting raped, so we probably shouldn't blame victims of mental manipulation either. Double standards, and all that.
Such a similar line of thought is why the sugar industry in the U.S remains a monopoly/given government protection. Their effect on price is perhaps only 0.50 cents or so, but that's all they need to maintain the power.Ugh, it's a fucking two dollar box of pasta. That's what I bought when I bought pasta, but I never harbored notions that it was made in Italy.
You eyeroll, but those conditioning tactics have been used to abuse people for centuries. Manipulation is a fucking horrific tool, and we shouldn't normalize it just because someone wants our money.Let me see if I can get find a big enough eye roll for this level of false equivalence.