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- Newsgroups: misc.legal
- Path: sparky!uunet!charon.amdahl.com!pacbell.com!decwrl!sun-barr!cs.utexas.edu!wupost!usc!sol.ctr.columbia.edu!eff!world!srm
- From: srm@world.std.com (Stevens R Miller)
- Subject: Re: Mars vs. The Green Ones
- Message-ID: <BxtzEv.F6A@world.std.com>
- Organization: The World Public Access UNIX, Brookline, MA
- References: <1992Nov16.095910.44818@kuhub.cc.ukans.edu>
- Date: Mon, 16 Nov 1992 22:49:43 GMT
- Lines: 31
-
- bryan@kuhub.cc.ukans.edu writes:
-
- >But my evil half, the advertising student I currently am, wonders if
- >maybe Mars couldn't shut this competetor down more effectively by
- >surreptitiously starting a rumor that the Mars product _really did_
- >have an aphrodesiac ingredient in it, and that Just the Green Ones did
- >not contain the ingredient.
-
- >Now, here's the misc.legal question: if it got out that Mars had
- >started such a rumor, what legal trouble might the company be in?
-
- Good question, Bryan. In New York, there is a chance that they would
- be criminally liable under PL 190.20, which makes deliberately false
- statements as part of an advertising effort an A misdemeanor. But,
- your hypothetical asks more about a deliberate rumor, and Mars might
- defend the 190.20 charge on grounds that a rumor is not advertising.
-
- A juicier possibility would be a charge under PL 190.65, which makes
- a course of conduct that intends to and does fraudulently obtain property
- in excess of $1,000 from 10 or more people a class E felony. A defense
- here would be to show that the facts did not indicated that the money
- so obtained was obtained pursuant to the fraudulent misrepresentations;
- that is, the prosecutor would have to prove that the candy would not
- have been bought, but for the rumor. In that case, the company would
- still have to defend a charge of attempting a 190.65, which under 110.05
- is another A misdemeanor.
-
- Maybe someone else can address possible civil claims.
-
- --
- Stevens R. Miller J.D.
-