Consumers Protected From False Advertising, No Matter How False

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(File photo: Joe Raedle/ Getty Images)

(File photo: Joe Raedle/ Getty Images)

feldman_amy Amy Feldman
Amy E. Feldman is a business commentator and legal business...
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By Amy E. Feldman

PHILADELPHIA (CBS) - Does the law protect consumers against their own stupidity? Uh, yeah.

A class action lawsuit has been filed against two different makers of caffeinated panties. Both Maidenform and Wacoal produced a line of underpants that contained Retinol and caffeine that was supposed to promote fat destruction and reduce the appearance of cellulite. A product so ridiculous on its face that it’s hard to say without giggling. Fat fighting caffeine panties.

Turns out, they don’t actually fight fat, and now the fat bottomed, dumb headed people who bought them have sued.

Seriously. Both federal and state consumer protection laws prevent companies from false or misleading advertising of products to deceive the public. But if the claims are so crazy on their face that no reasonable person would believe them, is a company still liable for misleading the morons among us? The answer is yes.

The law protects consumers, so many of whom fall for deceptive ads that there are entire federal agencies devoted to fighting them. But even so, while the government and your lawyer can sue if you were misled, you first have to admit what a dingbat you were to believe the ad and buy the product which is – or should be – mortifying.

So remember, if a product tells you it can instantly help you grow hair, enhance your manhood, or shrink your bottom, it will almost undoubtedly only shrink your wallet.

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