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Claims of products and disclaimers

  • 13-03-2019 4:16pm
    #1
    sexmag
    Registered Users, Registered Users 2 Posts: 1,303 ✭✭✭


    Hi,

    I just had a thought after reading something online and thought I'd ask here.

    I found this link

    https://newmoonbeginnings.com/products/autism-healing-crystal-set

    This "product" claims to heal autism etc but doesn't have disclaimer or go into much detail about it itself. Now I know this is in the US but if this was to be based in Ireland, could the maker be brought to court for making a claim that isn't true? Particularly with no disclaimer saying it may not do so?

    Thanks


Comments

  • #2
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Would this fall under a similar vein as Leonard v Pepsico? In that it's just so ridiculous no one could be expected to take it seriously.


  • #3
    drunkmonkey
    Registered Users, Registered Users 2 Posts: 28,331 ✭✭✭✭drunkmonkey


    Not sure where he got the link out of it but it's the kinda thing that pops up on the independent.ie adverts. So someone could take it seriously if advertised there as it's the national go to paper.


  • #4
    sexmag
    Registered Users, Registered Users 2 Posts: 1,303 ✭✭✭sexmag


    Samuel T. Cogley wrote: »
    Would this fall under a similar vein as Leonard v Pepsico? In that it's just so ridiculous no one could be expected to take it seriously.

    Smart money would say that, many people believe in these herbal and homeopathic remedies for things, particularly the anti-vaccers,that defense would work on normal society but with the way things are progressing I wouldnt be shocked in a court siding with a person who was anti-vax and genuinely thought it was real and would work.

    But with a disclaimer stating that results were not guaranteed and further medical intervention required who knows how it would play out


  • #5
    Credit Checker Moose
    Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    Fools and their money are easily parted.


  • #6
    7znbd9xmoiupye
    Closed Accounts Posts: 126 ✭✭7znbd9xmoiupye


    sexmag wrote: »
    Hi,

    I just had a thought after reading something online and thought I'd ask here.

    I found this link

    https://newmoonbeginnings.com/products/autism-healing-crystal-set

    This "product" claims to heal autism etc but doesn't have disclaimer or go into much detail about it itself. Now I know this is in the US but if this was to be based in Ireland, could the maker be brought to court for making a claim that isn't true? Particularly with no disclaimer saying it may not do so?

    Thanks
    Advertising standards would require serious proof of the claims or they would be in breach of code.

    Also could possibly be prosecuted under consumer protection act 2007 -unfair commercial practices

    https://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/unfair_commercial_practices.html
    "False claims that products can cure illnesses "


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