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-   -   Can I sue Smirnoff (https://www.askmehelpdesk.com/showthread.php?t=660270)

  • May 14, 2012, 02:15 PM
    nyk17
    Can I sue Smirnoff
    I bought ten 50ml bottles of Smirnoff vodka. But as the label on the bottle says nothing about flavor.. The bottle looks exactly like a regular vodka label,but the contents in the bottle is flavored < Raspberry > and more over the ABV mentioned on the bottle is 40% where as all flavored vodkas are 35%
  • May 14, 2012, 02:27 PM
    Curlyben
    And your cause of action is WHAT exactly?
  • May 14, 2012, 02:30 PM
    nyk17
    Quote:

    Originally Posted by Curlyben View Post
    And your cause of action is WHAT exactly ??

    Label mis-interpretation
    Is that not a point where a company can get sued??
    I was just wondering if I have a case here
  • May 14, 2012, 02:32 PM
    Curlyben
    Sure, you can sue anyone you want, but do you have a chance of winning, unlikely..
    As for a case, well you haven't shown anything that would even come close to action.
  • May 14, 2012, 02:35 PM
    NeedKarma
    Does the bottle look like this?

    http://www.pequaspirits.com/images/P/10-06.jpg
  • May 14, 2012, 02:35 PM
    ebaines
    1 Attachment(s)
    You can sue for whatever monetary damage you suffered. You bought ten 50 mL bottles for probably about $3 apiece. Assuming you are unable to return them (have you tried?) would mean you file a lawsuit for damages of about $30. Seriously?

    NeedKarma: 50mL bottles are the tiny ones, like they serve on airplanes:
  • May 14, 2012, 02:35 PM
    nyk17
    Quote:

    Originally Posted by Curlyben View Post
    Sure, you can sue anyone you want, but do you have a chance of winning, unlikely..
    As for a case, well you haven't shown anything that would even come close to action.

    As a customer don't I have the right to get a product & its contents as the label defines.
  • May 14, 2012, 02:37 PM
    nyk17
    Quote:

    Originally Posted by ebaines View Post
    You can sue for whatever monetary damage you suffered. You bought ten 50 mL bottles for probably about $3 apiece. Assuming you are unable to return them (have you tried?) would mean you file a lawsuit for damages of about $30. Seriously?

    What if I'm allergic to raspberries
  • May 14, 2012, 02:39 PM
    Curlyben
    Quote:

    Originally Posted by nyk17 View Post
    Quote:

    Originally Posted by Curlyben View Post
    Sure, you can sue anyone you want, but do you have a chance of winning, unlikely..
    As for a case, well you haven't shown anything that would even come close to action.

    As a customer don't I have the right to get a product & its contents as the label defines.

    Yes you do, but that is covered by consumer protection legislation.
    Have you tried returning these bottles, which are a odd size anyway.
    This is not the normally available size for unflavored vodka..
  • May 14, 2012, 02:39 PM
    nyk17
    Quote:

    Originally Posted by NeedKarma View Post
    Does the bottle look like this?

    http://www.pequaspirits.com/images/P/10-06.jpg

    No the bottle looks like the regular vodka bottle but has raspberry vodka in it!
  • May 14, 2012, 02:40 PM
    ebaines
    Quote:

    Originally Posted by nyk17 View Post
    What if i'm allergic to raspberries

    Then sue for your medical costs that were a result of this purchase, and maybe pain and suffering.
  • May 14, 2012, 02:46 PM
    nyk17
    2 Attachment(s)
    Quote:

    Originally Posted by nyk17 View Post
    No the bottle looks like the regular vodka bottle but has raspberry vodka in it!!

    The bottle looks like
  • May 14, 2012, 04:19 PM
    Fr_Chuck
    You may sue, for the value of the first bottle opened, since after you knew it was wrong or not what you wanted , you could have taken the rest back.
  • May 14, 2012, 04:26 PM
    Alty
    Not really sure why you'd sue. Your damages are the amount of money you paid for the vodka. You don't mention having an allergic reaction to the vodka, so I'm assuming you didn't. If you did, you'd have to prove it, then you could sue for your medical costs.

    But right now you're looking at compensation for the cost of the vodka you bought. It would cost more than that to sue, so not really worth it, especially since the liquor store would most likely refund you your money if you returned it, assuming you didn't drink all of it.

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