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Should false advertising be a felony?

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LimaUniformNovemberAlpha
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Should false advertising be a felony?

Postby LimaUniformNovemberAlpha » Thu Feb 15, 2018 2:00 pm

https://www.nytimes.com/2016/04/17/maga ... rtune.html

So I was just listening to something about this on the radio.

In a nutshell, scumbag scams kids, repeatedly, first by selling "sea monkeys" that turn out to just be brine shrimp, second by selling X-ray specs that are anything but. There's talk of lawsuits, but not false advertising lawsuits. They're talking about people suing over who gets to keep this ill-gotten fortune.

If you were dealing in stolen goods, you'd be in prison, literally taking it up the ass for the rest of your life. Or if you tried to run, you'd be shot. But for whatever reason, ill-gotten cash from scamming children doesn't have to be seized by the feds, because it's a "civil" offense.

Here's a better idea. Make false advertising a felony, now. Have the feds seize this money and destroy it, raising the value of everyone else's more legitimately earned money.
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The Parkus Empire
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Postby The Parkus Empire » Thu Feb 15, 2018 2:12 pm

Should drug use be a felony?
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LimaUniformNovemberAlpha
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Postby LimaUniformNovemberAlpha » Thu Feb 15, 2018 2:13 pm

The Parkus Empire wrote:Should drug use be a felony?

Probably not, as making it a felony has done more harm than good. Not sure what this has to do with this, though.
Last edited by LimaUniformNovemberAlpha on Thu Feb 15, 2018 2:14 pm, edited 1 time in total.
Iridencia wrote:Inept people always decry pragmatic choices as "cowardly" because they know they're not smart enough to play on that level.
Kowani wrote:You don’t get to call it Chinese industry when American corporations are the ones outsourcing their labor.

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Postby Olthar » Thu Feb 15, 2018 2:45 pm

Anyone who buys "x-ray specs" expecting them to be real deserves to lose their money.
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Ostroeuropa
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Postby Ostroeuropa » Thu Feb 15, 2018 2:47 pm

Companies that violate regulations should be forced to disclose that information when relevant, same as employees are forced to disclose criminal convictions.

"Before the job interview begins, we're required to inform you we have been convicted of violating worker rights legislation."

And before/on advertisements.

"We are required to inform you we have been convicted of false advertising."

Until the conviction expires, which takes 5 years.
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Sperio
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Postby Sperio » Thu Feb 15, 2018 2:48 pm

There should be limits but it is fine
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Aillyria
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Postby Aillyria » Thu Feb 15, 2018 3:08 pm

Eh....I mean there's a fine line between false advertising and good marketing. Of course, blantant lies, like the "sea monkeys" should be illegal, imho.
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Ifreann
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Postby Ifreann » Thu Feb 15, 2018 3:21 pm

Calling novelty toys Sea-Monkeys and X-Ray specs isn't false advertising.
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LimaUniformNovemberAlpha
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Postby LimaUniformNovemberAlpha » Thu Feb 15, 2018 3:21 pm

Ostroeuropa wrote:Companies that violate regulations should be forced to disclose that information when relevant, same as employees are forced to disclose criminal convictions.

"Before the job interview begins, we're required to inform you we have been convicted of violating worker rights legislation."

And before/on advertisements.

"We are required to inform you we have been convicted of false advertising."

Until the conviction expires, which takes 5 years.

A statute of limitations? Fuck that. Who benefits from that?
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Kowani wrote:You don’t get to call it Chinese industry when American corporations are the ones outsourcing their labor.

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Ifreann
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Postby Ifreann » Thu Feb 15, 2018 3:23 pm

LimaUniformNovemberAlpha wrote:
Ostroeuropa wrote:Companies that violate regulations should be forced to disclose that information when relevant, same as employees are forced to disclose criminal convictions.

"Before the job interview begins, we're required to inform you we have been convicted of violating worker rights legislation."

And before/on advertisements.

"We are required to inform you we have been convicted of false advertising."

Until the conviction expires, which takes 5 years.

A statute of limitations? Fuck that. Who benefits from that?

That isn't a statute of limitations. It's a term of punishment.
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Dazchan
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Postby Dazchan » Thu Feb 15, 2018 3:30 pm

How exactly is marketing brine shrimp under the name Sea Monkeys false advertising?
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LimaUniformNovemberAlpha
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Postby LimaUniformNovemberAlpha » Thu Feb 15, 2018 3:40 pm

Dazchan wrote:How exactly is marketing brine shrimp under the name Sea Monkeys false advertising?

It's not just the name. It's how it was marketed.

Marketing:

Image

Reality:

Image

Probably should've linked to this earlier in the thread: http://mentalfloss.com/article/56755/16 ... ea-monkeys
Iridencia wrote:Inept people always decry pragmatic choices as "cowardly" because they know they're not smart enough to play on that level.
Kowani wrote:You don’t get to call it Chinese industry when American corporations are the ones outsourcing their labor.

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Ifreann
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Postby Ifreann » Thu Feb 15, 2018 3:42 pm

LimaUniformNovemberAlpha wrote:
Dazchan wrote:How exactly is marketing brine shrimp under the name Sea Monkeys false advertising?

It's not just the name. It's how it was marketed.

Marketing:

Image


Reality:

Image


Probably should've linked to this earlier in the thread: http://mentalfloss.com/article/56755/16 ... ea-monkeys

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New Socialist South Africa
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Postby New Socialist South Africa » Thu Feb 15, 2018 3:55 pm

Olthar wrote:Anyone who buys "x-ray specs" expecting them to be real deserves to lose their money.


This is my new favourite quote. Its funny because the judge in the case noted in the article seemed to agree with this sentiment, or at least with not taking things so literally, when he talked about "sponge cakes not being made of sponge and butterflies not being made of butter". The whole article seems more structured around the case of who owns the rights to the products, the company that bought these rights under terms and conditions or the original developer's widow. Frankly I found the story a lot more interesting than the debate.
Last edited by New Socialist South Africa on Thu Feb 15, 2018 3:58 pm, edited 1 time in total.
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Olthar wrote:Anyone who buys "x-ray specs" expecting them to be real deserves to lose their money.

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Grand Britannia
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Postby Grand Britannia » Thu Feb 15, 2018 3:58 pm

It's scummy, but more often than not it isn't damaging enough to escalate its punishment.

LimaUniformNovemberAlpha wrote:
The Parkus Empire wrote:Should drug use be a felony?

Not sure what this has to do with this, though.


Majority of the time a drug *user* is as harmless as someone advertising their soda to cure hangovers.
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Kernen
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Postby Kernen » Thu Feb 15, 2018 4:27 pm

There's an interesting part of modern contract law that seeks to analyze objectively whether a statement is intended to function as a warranty or as "mere puffery." It mostly operates to check whether a reasonable person would have believed it was true, and whether the seller took actions consistent with treating it as a warranty.

Its an interesting field. I believe the Sea Monkey ad would probably end up treated as a warranty based on some of that language.
Last edited by Kernen on Thu Feb 15, 2018 4:27 pm, edited 1 time in total.
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Dazchan
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Postby Dazchan » Thu Feb 15, 2018 4:30 pm

LimaUniformNovemberAlpha wrote:
Dazchan wrote:How exactly is marketing brine shrimp under the name Sea Monkeys false advertising?

It's not just the name. It's how it was marketed.

Marketing:

Image

Reality:

Image

Probably should've linked to this earlier in the thread: http://mentalfloss.com/article/56755/16 ... ea-monkeys


And what part of the advertisement do you feel is false?
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Kernen
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Postby Kernen » Thu Feb 15, 2018 4:32 pm

Dazchan wrote:
LimaUniformNovemberAlpha wrote:It's not just the name. It's how it was marketed.

Marketing:

Image

Reality:

Image

Probably should've linked to this earlier in the thread: http://mentalfloss.com/article/56755/16 ... ea-monkeys


And what part of the advertisement do you feel is false?


"So eager to please, they can even be trained"

"Always clowning around, these frolicsome pets swim, stunt, and play games with each other."

Those.
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Ethel mermania
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Postby Ethel mermania » Thu Feb 15, 2018 4:58 pm

LimaUniformNovemberAlpha wrote:
Dazchan wrote:How exactly is marketing brine shrimp under the name Sea Monkeys false advertising?

It's not just the name. It's how it was marketed.

Marketing:

Image

Reality:

Image

Probably should've linked to this earlier in the thread: http://mentalfloss.com/article/56755/16 ... ea-monkeys


the ad does say the drawing is not meant to depicked to represent the sea monkeys.

i dont think for this, but there are times when i can see it.

for example a cigarette campaign where they say "cigarettes are good for you" i think should be prosecuted ( i cant find the ad i was looking for this one wasnt it)

http://tobacco.stanford.edu/tobacco_mai ... ame=T-Zone
Last edited by Ethel mermania on Thu Feb 15, 2018 6:06 pm, edited 1 time in total.
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Postby Internationalist Bastard » Thu Feb 15, 2018 5:02 pm

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Postby Alvecia » Thu Feb 15, 2018 5:42 pm

Sure, could even make a magic machine to kill anybody who commits it.
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Saiwania
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Postby Saiwania » Thu Feb 15, 2018 5:45 pm

I don't think it should be a felony. Then again, maybe it should. I don't know really. I want to limit felonies to serious stuff like rape, arson, murder, kidnapping, and so on.

But a false advertiser should probably be held liable for fraud damages that result. It depends I guess.

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LimaUniformNovemberAlpha
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Postby LimaUniformNovemberAlpha » Thu Feb 15, 2018 6:55 pm

Kernen wrote:There's an interesting part of modern contract law that seeks to analyze objectively whether a statement is intended to function as a warranty or as "mere puffery." It mostly operates to check whether a reasonable person would have believed it was true, and whether the seller took actions consistent with treating it as a warranty.

Its an interesting field. I believe the Sea Monkey ad would probably end up treated as a warranty based on some of that language.

If you do not intend to deceive your customers, you could just say what you mean and mean what you say. That whole aspect of the law seems like an excuse to protect liars.
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Kowani wrote:You don’t get to call it Chinese industry when American corporations are the ones outsourcing their labor.

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Bombadil
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Postby Bombadil » Thu Feb 15, 2018 7:06 pm

Technically you can brand something anything you like.. the Patagonian Toothfish, which few people would order on a menu, is rebranded Chilean Seabass.. yum yum.. even though it's not really seabass.

So you can brand name sea brine as Sea Monkeys, or whatever you want really. What you can't do is make false claims as to effect.. so Sea Monkeys - they cure cancer! would not be allowed. The definitions of 'play' or others in the Sea Monkey ad are too stretchy to be really counterclaimed.

X Ray spectacles, I mean I assume the claims are too vague really.

I do remember those ads from comic books, there was a spy kit as well that I felt would complement my life as an 8 year old.
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Postby Crockerland » Thu Feb 15, 2018 8:29 pm

LimaUniformNovemberAlpha wrote:In a nutshell, scumbag scams kids, repeatedly, first by selling "sea monkeys" that turn out to just be brine shrimp

Is this an ironic post?
Last edited by Crockerland on Thu Feb 15, 2018 8:29 pm, edited 1 time in total.
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