In reference to Joseph (1991) Consumer protection constitute laws that are deliberated to guarantee fair commerce and maintaining high quality customer satisfaction through dissemination of truthful and concise information in the marketplace. Laura (2000) points out that health laws are intended to prevent businesses people from engaging in unhealthy drinks and foods which are not nutritious to and unhealthy to Consumer. This essay seeks to address the legal issues affecting unhealthy lunch provided through a case study of a contract between a school and a restaurant which offer unhealthy lunch to students.
A careful analysis of the case of Elementary high school and the restaurant transactions reveals that violation of consumer protection has not been brought to consideration between the two parties. This calls for legal intervention to solve the conflict. From the plaintiff side it is learned that the student have suffered from obesity ailment due to neglect and lack of knowledge about the type of food they are taking. It is clear that customer’s rights of protection have been breached by the two parties where by the school which houses the student has done illegal contract with a restaurant which sale unhealthy lunch compromising the student’s health. This indicate that both the restaurant and the school are involved in customer violation rights the fact that the school has contracted the restaurant to supply lunch means that contract between the two parties is legal binding and should uphold to the federal trade commission requirements and standards of consumer protection.
Do George and Mary have a case?
George and Mary have a case, the fact that the ingredient in the food served to their children has proved to cause health problems to consumers of the product offered by the contract between schools and the Drive-In Don’s restaurant, is a clear prove that consumers rights have been violated. Too, the indication that children are having the highest cholesterol level and are obese is an enough reason to raise concern as this is a clear prove that food is un health. In view of Consumer Protection’s it shows a points a clear neglect of the requirements for the producer to protect consumers against unmerited, misleading accomplishment or practices in any transaction being undertaken. Therefore, in accordance to the written sanction of the Commission, plaintiff attorneys have the capacity to enforce federal laws in relation to consumer protection and the rules promulgated by the Federal Trade Commission (Daniel, 2004).
What are their strongest legal arguments?
In relation to George and Mary case their attorney should file suit for both the restaurant and the school. The first’s case should be against the school underling into contract with a restaurant and accepting transactions which harm their student, the second case should be filed against the restaurant for failing to notify consumers about the danger and risk of taking their products during its advertisement and marketing of its products.
What defenses, if any, do the school and the restaurant have?
In this case the school can argue that they don’t have any case with the complainants because the students purchased the restaurant products at their own will and were not forced by anybody to buy them hence the school is not responsible for the outcome of taking the product and they have no case to answer against them.
Can the Federal Trade Commission (FTC) help the plaintiffs in any way?
At the same time, George and Mary can seek assistance from the Federal Trade Commission since its mission is establishing and investigating issues raised by consumer complains. George and Mary can issue pre merger notification filings their inquiries, or reports to be used in the court as evidence. These issues that should be brought to investigation should include neglect to inform customers during advertisement and sale of unhealthy food which has caused students to suffer from obesity and high degrees of cholesterol in the entire school community exposing high risk of diabetes to students (Patricia,2002).
Federal Trade Commission may take a sample population for investigation investigations may to represent the entire school to establish the validity to sue both the school and the restaurant. in case the finding turn out to be unlawful , the Federal Trade Commission seek to solve the conflict b fulfilling lawful abiding solution by advising the both the restaurant and the school to breach the contract and file lawsuit against the two offenders (Loree1,995).