Isn't this selling bags of rocks, titanium-dipped springs and wall dots a bunch of—um—FRAUD? Or do all these charlatans get away with it under the whole caveat emptor loophole?Down10, June 16, 2014, 01:24:26 am
Caveat Emptor isn't a loophole, it's the standard. A claim of fraud brings with it a huge burden of proof, including intent to deceive and harm caused. You'd never be able to make a fraud case for any of this stuff, partly because they talk in intangibles. These rocks will bring a fuller bass, these springs will widen your mid-tones. You'll never prove I'm lying because we agree what I actually said. If I sold a lotion that said "This lotion reverses the aging process, if you use this lotion your body will become 5 years younger than it was previously."
, that wording is going to get me into trouble. However, if I sell my lotion saying "This lotion helps fight the aging process"
, my only problem is the fact that I'm competing with 20 other lotions that are making the same claim. It might have sounded good if you're desperate, but I didn't actually say anything.