When Silence is False

Winthrop & Weinstine, P.A.
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Most false advertising claims originate from an advertising statement. (For example, see Dan’s post last week on Sam Adam’s bottle cap advertising). However, a recent suit alleges false advertising based on what wasn't said.

Yesterday, Terry Baynes at Thompson Reuters reported on an attorney who has filed suit against Chipotle for its lack of statements. Apparently, Chipotle’s pinto beans are made with bacon, a surprise to this legally minded vegetarian who is asserting fraud and false advertising due to Chipotle’s lack of disclosure. An interesting development in light of Chipotle's "Food with Integrity" campaign.

Do you agree with the allegation in this suit, namely, that Chipotle’s consumers believe pinto beans do not contain pork products (less an affirmative statement to the alternative)?

Please see full publication below for more information.

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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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