Legal Question in Consumer Law in Florida

false advertising and food products

Hi, my name is Jenny and I was recently diagnosed with Celiac Disease which causes me to get ill when I consume gluten (wheat, barley, rye or oats). I went to an establishment that served ''Nathan's Famous'' Hot Dogs and asked the woman if the hot dogs were all beef b/c I have an ''allergy'' to wheat. She said ''yes, Nathan's is always 'all beef''' and I asked again to be sure and she said ''yes''.

That night, I got ill and determined a few days later in a grocery store that Nathan's hot dogs have wheat in them. I wrote the company and was told that they were referring me to the ''Director of Purchasing'' and then he said he was looking into the matter but hasn't gotten back to me (in almost 3 weeks).

My problem is that although the packaging says it contains wheat, consumers do not know this when purchasing from restaurants. Also, Nathan's website claims to be ''all beef'' on almost every page.

Am I going to be able to get Nathan's to change their advertising or pay some fee due to false advertisement? Not only do I get sick for that day and a little of the next day, but ingesting gluten can lead to cancer and other issues. I want to prevent others from getting ill too.


Asked on 1/06/09, 12:20 am

1 Answer from Attorneys

Angelo Marino Angelo Marino Jr. PA

Re: false advertising and food products

The motto of these companies is to stall and stonewall. If you wish to resolve your case alone, you need to be persistent and threaten lawyer. A larger question is whether Nathan's is subject to a class action lawsuit.

If you are in South Florida, I may be able to help, or I may be able to refer you to someone for your area and cover this area.

see ConsumerLawyerHelp.com

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Answered on 1/06/09, 11:51 am


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