WHAT IS MISREPRESENTATION?
Misrepresentation is a TORT, or a civil wrong. It occurs when a seller or lessor either of misrepresent the quality of a product fraudulently and conceals a defect in it. Recovery is limited to persons who relied on the misrepresentation.
STRICT LIABILITY
A plaintiff may recover punitive damages if the defendant’s conduct has been reckless or intentional
PRODUCT LIABILITY
Product Liability is the liability of manufacturers, sellers, lessors, and others for injuries caused by defective products.
PRODUCT LIABILITY OF MISREPRESENTATION OF PRODUCT
Product liability occurs when the manufacturer or seller of a defective product allows that defective product to get into the hands of a consumer. When a manufacturer or seller misrepresents a product, that misrepresentation can be the basis for a product liability action. In the product liability context, misrepresentation occurs when product advertising, packaging, labels, or other product information available to consumers misrepresent material facts concerning the quality or use of the product.
NEGLIGENT MISREPRESENTATION
It occurs when the manufacturer did not intend to misrepresent the product.
INTENTIONAL MISREPRESENTATION
It occurs when the manufacturer or seller of a product sets out to mislead the consumer about the product's safety, effectiveness or quality. A finding of intentional misrepresentation is rare as the manufacturer or seller's intent is difficult to prove.
EXAMPLES in OUR DAILY LIFE
1. When a product salesperson overstates what the product can do, the safety of the product, or what the product can be used for.
2. When product information fails to warn of risks of the product.
3. When product information fails to list some ingredients of a product.
FOOD AND DRINK
30% of shrimp products are misrepresented — either mislabeled as the wrong species, called or implied to be "wild" when in fact it was farmed or mixed in a bag with various species.
BABY PRODUCT
Babyganics Baby Products (shampoo, sunscreen, diapers, detergent, etc.) has a name that implies “organic”. But further inspection shows this is not the case, and two mothers are taking them to court alleging only small quantities of organic ingredients.
SOLUTION