Can the Drake Company be prosecuted under the mail fraud statute for making faulty claims the consumer would attain or is Drake involved in mere "puffing" about the braiding tools, which is not criminally actionable?
The Drake Hair Braiding Company sold plastic braiding tools that made making complicated French braids in women with long hair seem easy and hassle-free. The company sold the braiding tools through sales agents and direct mailings that showed consumers how the sophisticated braids could be made in three, easy steps. In reality, the Drake Company knew that the average consumer could not operate the tools correctly and easily.
What will be an ideal response?
ANSWER: Answers may vary: Advertisements usually save a company from false advertisement/false pretenses claims with the fine print, such as for weight-loss products the small print will read, "results atypical."
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