Legal Question in Consumer Law in Missouri

false advertising?

I made a little metal motorcycle by welding together. I sent the little bike to China to have reproduced by them and they did make me 500 to resale to the public. I want to advertise them for sale and I made up a Certificate of Authenticity that says ''Created by--name removed--'' this hand crafted motorcycle and so on. By the way the Chinese did in fact hand build them just so you know.

At the end of the ceritificate is had my autograph and then under it is a saying: Hand-built metal motorcycle art created by--name removed--.

What I want to know is this alright to say or is that false advertising?

Thank you for your time!


Asked on 12/08/07, 7:20 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: false advertising?

Based on what you wrote, I doubt you could do this lawfully. Chapter 407 precludes the use of any false or deceptive statements or the failure to disclose material facts in the sales of merchandise. Under this scenario, you are not giving people what you advertised.

If you got a blank slate from China, and you put on the decals or painted on the flames or something, then your customized bike would be hand customized. I think in that case you could get away with an advertisement like:

This Hand-built XYZ Replica motorcycle has been lovingly customized by ABC, and each of these has been hand signed and numbered in limited edition.

Then your motorcycles are more like works of art because you have customized each one for sale. Now, you could paint one additional flame on each one, and as long as you didn't use a template, it would be unique and your advertisement would be literally true. But go with hand-customized, not hand-built, because YOU did not hand build the 500.

Best of luck to you.

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Answered on 12/10/07, 11:39 am


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