Business Law Term Paper Example | Topics and Well Written Essays - 1000 words

Business Law - Term Paper Example Yes, the surveys of the Coca Cola consumer experts can be admitted to court. According to the Federal Rule of Evidence Rule 702, expert testimonies that will assist the trier of fact based on sufficient facts or data are admissible to court. The survey must be a product of reliable principles and methods applied reliably to the facts of the case. Statement of Facts This office is considering whether to prosecute the Pepsi company for false advertising. Coca Cola company discovered that months ago, Pepsi company distributed a mailer directly to consumers as part of their campaign. The mailer focused on Coca Cola causing obesity and compared it to their own product. The mailer stated how Coca Cola products can make the consumers fat due to excessive sugar content. The mailer was distributed across the country to more than 1 million consumers between January 2011 to March 2011. ... Discussion It is very clear that Pepsi committed false advertising by distributing mailer that claimed Coca Cola’s products can cause obesity. In order to prosecute Pepsi for violating the Lanham Act, the company should be able to prove that the defendant made a false or misleading description in a commercial advertisement. This advertisement actually deceives and should likely influence the purchasing decision which injures the plaintiff as a result. Scotts Co. v. United Industries, 315 F.3d 264, 272 (4th Cir.2002). The challenge in this case is to prove that the advertisement or the mailer is intended to mislead or confuse the consumers upon a claim of implied falsehood. In short, a court may find the mailer statements literally false but absent a literal falsehood, statements can only be said impliedly misleading if presented with evidence of actual consumer deception. PBM Products LLC PBM LLC v. Mead Johnson Company, No. 10–1421 (4th Cir. 2011). In your case, since Pepsi did not literally and expressly stated that Coca Cola is harmful and can cause obesity, the company needs to supply evidence that the misleading statements made through the mailer confused and deceived the consumers. The court must determine if claims are made unambiguous and false. There are times that a literally false message may either be explicit or conveyed by necessary implication only. If advertisement is considered in its entirety, the consumers will know that the claim is clear and unambiguous. In the case of the mailer statements made by Pepsi, there is no express statement that Coca Cola is harmful and can cause obesity. But the relationship of the statements made shows