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Ms. Consumer bought a weight-loss tea, advertised as "The Dieter's Secret Weapon," that guaranteed weight loss of 17 pounds and 16 percent of body fat in just 12 weeks without diet or exercise. This offer was appealing because Ms. Consumer's job and family commitments left her with no time and exercise. In addition, her doctor was concerned about her cholesterol and blood sugar levels and told her she needed to lose 25 pounds. Ms. Consumer learned about the product, Healthtea, on a national TV show. While being interviewed, the owner of the company claimed that his product was backed by a clinical study.
Ms. Consumer decided to purchase the required minimum six-month supply at a cost of $100 a month. After using the tea for six months, Ms. Consumer had lost only three pounds.
She seeks legal counsel because she feels she was taken advantage of and wants to prevent Healthtea from continuing to make false claims. She would also like to get her money back, but that is not primary concern. The federal government and many states have laws and agencies that protect consumers from unfair and deceptive business practices.
Q: What kind of rules or laws would apply on this type of situation? Did Healthtea make any violations of misleading statements/representations? Would Ms. Consumer recover any money?
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