Not Dangerous, But Deceptive


When consumers discover that a product they purchased is not all it was cracked up to be, you often hear angry cries of False Advertising! You may be surprised to learn, then, that false advertising is not technically a consumer complaint. Under Georgia law, false advertising is a misdemeanor — a business crime, so to speak — punishable by fines and even imprisonment.

So, what are consumers to do when they feel they have been misled and want to settle the score (besides ranting on every social media outlet they can find)?

Breach of warranty

For consumers, several types of product liability claims are available when the injury involved was not physical but verbal:

  • Breach of Express Warranty
  • Breach of Implied Warranty of Merchantability
  • Breach of Implied Warranty of Fitness for a Particular Purpose

Now, most people think of a warranty as that little postcard you mail in to the manufacturer (which, by the way, is never legally required to make a warranty valid). But under Georgia law, a warranty does not need to be written to be considered an express (i.e., stated) warranty. Any promise, factual statement, description or sample the seller gives to encourage you to buy the product can form the basis of an express warranty.

Implied warranties are exactly that: The idea that it is fair to expect any product held out for sale to be at least of reasonable quality and fit for their intended use, even if no specific promises are made to that effect. Also, the law states that if the seller recommends a product knowing the particular purpose for which you intend to use it, an implied warranty is created. Note, however, that merchants may get around implied warranties by making written disclaimers that meet specific legal standards or use words such as as-is.

Posted in Products Liability

Tagged breach of warranty, deceptive products, product liability, product liability lawyers

Topics:  Breach of Warranty, False Advertising, Warranties

Published In: Products Liability Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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