squirk
Saw what you did and knows who you are.
- Joined
- Apr 9, 2011
- Messages
- 3,780
You really throw the “lawyer” thing around here and other threads as if you have some lock-and-key on rational, clear-eyed thought.I know, right? My husband and I are both lawyers and we are flabbergasted by this thread. For it to be false/misleading advertising you’d have to prove a typical reasonable person would truly believe Disney was promising a giant edible cupcake. However, the ad (which also includes a tiny ant man running across the girl’s table) is clearly fantasy. Disney’s real world manifestation (giant plastic cupcakes) may not be as exciting as you would like (though most kids will still find it fun), but it’s a far cry from fraud.
It would be like if I sued disney for its ads for guardians of the galaxy cosmic rewind because the characters are on screens instead of in person like they appear in the ad. Could disney have included in person (or even animatronic) characters at the preshow? Sure. Is it misleading that they went the cheaper route and did videos instead (like a plastic giant cupcake, instead of a real one)? Of course not. Something is not misleading just because you wish it was cooler.
Guess what? You’re not the only attorney on this board, or in this thread, for that matter. And I think it’s perfectly acceptable to have a difference of opinion on this video without “talking down” to those with a different perspective or calling them trolls.
Does this video arise to fraud, or anything actionable in terms of misleading advertising? Of course not.
Has anyone here seriously brought up anything even resembling lawsuits or other proceedings because they feel screwed out of their giant cupcake? I don’t think so.
Has anyone here said they actually expected to see a cupcake enlarge right before their eyes? No, we’re not morons detached from reality.
We all understand that there is always a gap between what is advertised and what is delivered. We all know Disney can’t deliver real pixie dust, real banshees, real trips into space. To suggest that we need that explained to us is remarkably patronizing.
As I said before, Disney Parks & Resorts brands itself as bleeding-edge in terms of making that gap between fantasy and reality a little smaller than you thought possible, or a little smaller than you expected.
I, and others here, think Disney could (and should) have done a better job of “closing the gap” between what they chose to show in that video (especially knowing kids are watching) and what actually happens at dessert.
You see things differently, which, of course, is totally fine.
But honestly, please stop with the supercilious lawyer-splaining to people here who simply have a difference of opinion about where “puffery” goes too far in a specific ad for a dessert on a cruise ship.
I don’t think that’s an unreasonable request.
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