Legal Question in Business Law in Iowa

Hy-Vee is a local grocery store chain with the solgan "where there is a helpfull smile in every isle" Since they are open 24/7 with 15+ isles, a meat department, multiple checkouts, a customer service counter, floral shop, pharmacy, and much more it is safe to say that living up to this is impossible and still be able to bring home a profit. Can I sue for false advertising?


Asked on 1/05/11, 11:06 am

3 Answers from Attorneys
Robert Luedeman solo practitioner

No.

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Answered on 1/10/11, 11:16 am
Thomas Moens Moens Law Offices, Chartered

Oh, absolutely. You should be able to recoup every penny of your damages. You do have damages from this horrific "false advertising," do you not?

By the way, are you certain it is "isle" and not "aisle?" With this winter storm coming, I might just take the case if it actually is "isle." My understanding is that most isles are tropical, so obviously I would need to visit these isles, for research purposes of course, in order to properly prosecute the case.

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Answered on 1/10/11, 12:47 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I concur with the other attorney answer. And yes, it may be false advertising to say there is a helpful smile in every tropical isle, but first I'd also need to visit all these tropical isles to see how many smiles there are, and of these, how many are affiliated with Hy-Vee. If you're willing to retain me for this, let me know ASAP. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 1/10/11, 4:08 pm


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