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 Fellow Weekly -  Issue 137

WHAT'S THE LAW

 

  

 

 

 

Encouraging intelligent and entertaining debate at your Shabbat table.
 
Fellow Weekly raises issues of business law and ethics through lively emails by featuring your real-life scenarios answered by our leading authorities and professionals.
  

 

 

 

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Case 251 Doubtful Digital Defects!                   CLICK HERE FOR THIS ISSUE'S PDF

 

 

Renee Berger purchased a 12.0-Megapixel Digital Camera on Cyber Monday 2012, (November 26, 2012) on her Visa Card. She received the camera on Dec. 3rd. On December 6th, she submitted the following complaint to the manufacturer.

 

"My camera worked well the first time I turned it on. The second time I turned it on, the lens extended, the icons appeared on the screen, but the screen itself was black. I went to take a photograph to see what the issue was, but the photograph came out black as well. I am demanding that you accept my return and refund my purchase."

 

Renee received the following response.

 

"No product leaves our factory without passing due inspection. We assume the malfunction was due to a mishandling on your end. As such we will not honor your request."

 

 What is the Law?

  

Please email us with your comments, questions, and answers at weekly@projectfellow.org.

  

  

CASE 250 Advertising Slogans

 

"Good to the last drop." - Maxwell House Coffee

"Relentless focus on you" - Office Max

"Lowest Prices in Town"...

"The Happiest Place on Earth" - Disneyland

"The On Time Machine" - American Airlines

"Cabinets fit for royalty, but affordable for all" - Kitchen Cabinet Kings

 

What if the coffee was not good to the last drop? You did not experience the relentless focus on you? You subsequently found lower prices? You found a happier place on earth? Your daughter's plane landed late? It turned out that you were unable to really afford the Kitchen Cabinets?

 

  • Do you have recourse?

 So you might suggest, "They really do not mean what they say."

 

If that's the case, how do advertising slogans work?  

 

 What is the law?

The Answer

 

We present you here with a concise ruling. For a more intricate elucidation, please see the detailed explanation below.  

 

The respective companies are not guilty of misleading the public, (unless of course the motto and its supportive advertising contexts convey objectively misleading information) though there is room for adhering to higher ethical standards. See Detailed Explanation below.

 

 

  

  

  

Detailed Explanation    

  

Advertising Slogans invokes the following three Halachos.

 

 1. Deceiving any human being in a manner is a form of theft and is a biblical prohibition  [Maseches Chulin 93b].

 

 2. Additionally, tricking any human being even without causing him or her financial loss or damage is a rabbinical prohibition. This includes garnering undeserved praise or feelings of gratitude through feigning a false impression of benevolence and virtue.

 

 Explanation:  

Just as one may not steal another person's money one may not manipulate another's feelings of gratitude and steal his or her heart [Shulchan Aruch HaRav: Hilchos Ona'ah U'Genevah 11, 12].

 

 Exception:

 

Creating an atmosphere within which the victim is to blame for not thinking responsibly is not included in these prohibitions. [Maseches Chulin 93b (See Issues # 46 and # 47 for more exceptions and details)

 

3. Thus, it is forbidden to misrepresent merchandise for sale. For example, one may not paint used merchandise to appear as though it is new [Aruch Hashulchan 228: 5].

 

 Exception:

 

However, once it becomes so common for used merchandise dealers to paint their merchandise as new - to the extent that everyone understands that they can no longer pass critical judgment on the goods based upon the appearance of its paint job, painting ceases to misrepresent the article as new. At that point, it becomes permissible for used merchandise dealers to paint their merchandise as new [ibid.].

 

 Application:

 

Objectively, although, these six slogans are not literally true, anyone understands that their particular implications are subject to variables beyond the control of the respective aforementioned companies.

 

Instead of conveying the implied concepts, each slogan is employed as a witty phrase through which the respective company wishes to be remembered. A consumer, who truly assumed the mottos to be true, fooled him/herself. Under such circumstances, the company is not guilty of misleading the public, [unless of course the motto and its supportive advertising contexts convey objectively misleading information][1].

 

Nevertheless, Rav Yitzchak Berkowitz ruled that in aspiring to perfect one's character, advertising strategies should highlight the company's advantages rather than express untruths and worse.

  

 Point to Ponder:

 Advertising strategies often appeal to the consumer to buy on impulse instead of reasoning. Is such practice ethically correct?  



[1] Note: Our readers may be interested in researching a US Supreme Court case between Pizza Hut and Papa Johns, regarding Papa Johns advertising slogan "Better ingredients. Better pizza." . Pizza Hut filed a federal false advertising lawsuit against Papa Johns.

 

  

 

 

 

Note:
 
Although we aim to present the correct ruling, varying details are always important and decisively influence every individual case. Our readers are thus encouraged to present their personal cases to a competent authority and not solely rely on the information provided.
 

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