United Club Wine: False Advertising
#16
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(Boldings mine) As far as deceptive advertising, agreed on both points. However, although it may be illegal for California wineries to sell "California" wines that they labeled as "Napa Valley," I'm not sure if there is actually state law or whether it's some industry-enforced standard. Even if it were law, I am less inclined to believe that it would apply to UCs, and especially UCs outside California.
All Napa wines are from California, but not all California wines are from Napa.
#17
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(Boldings mine) As far as deceptive advertising, agreed on both points. However, although it may be illegal for California wineries to sell "California" wines that they labeled as "Napa Valley," I'm not sure if there is actually state law or whether it's some industry-enforced standard. Even if it were law, I am less inclined to believe that it would apply to UCs, and especially UCs outside California.
It is unlawful to make any representation that a wine is
produced entirely from grapes grown in the counties mentioned in
Section 25236 unless the representation is true. This section applies
to representations made on labels, advertising matter, letterheads,
invoices, tags, signs, business cards, and all other representations
of any kind whether oral, written, or printed.
See section 25237, quoted above.
produced entirely from grapes grown in the counties mentioned in
Section 25236 unless the representation is true. This section applies
to representations made on labels, advertising matter, letterheads,
invoices, tags, signs, business cards, and all other representations
of any kind whether oral, written, or printed.
#18
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How is it "false advertising"? Is United implying that buying a Club membership guarantees an unlimited supply of that particular type of wine? Or are they serving the California in a Napa Valley bottle and hoping no one notices?
If you go to a restaurant and they don't happen to have every item exactly as is on the menu, is that "false advertising" too?
If you go to a restaurant and they don't happen to have every item exactly as is on the menu, is that "false advertising" too?
The OP's contention is that they are advertising product A on the menu but delivering product B, passed off as A. What is not clear about that?
#19
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There's a law. It's very clearly illegal to sell wine as "Napa" if it isn't. See Cal. Bus. & Prof. Code 25235 et seq. If UA is doing as OP states, that would constitute a violation of section 25237, which states:
See section 25237, quoted above.
It is unlawful to make any representation that a wine is
produced entirely from grapes grown in the counties mentioned in
Section 25236 unless the representation is true. This section applies
to representations made on labels, advertising matter, letterheads,
invoices, tags, signs, business cards, and all other representations
of any kind whether oral, written, or printed.
produced entirely from grapes grown in the counties mentioned in
Section 25236 unless the representation is true. This section applies
to representations made on labels, advertising matter, letterheads,
invoices, tags, signs, business cards, and all other representations
of any kind whether oral, written, or printed.
See section 25237, quoted above.
#20
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There's a law. It's very clearly illegal to sell wine as "Napa" if it isn't. See Cal. Bus. & Prof. Code 25235 et seq. If UA is doing as OP states, that would constitute a violation of section 25237, which states:
It is unlawful to make any representation that a wine is
produced entirely from grapes grown in the counties mentioned in
Section 25236 unless the representation is true. This section applies
to representations made on labels, advertising matter, letterheads,
invoices, tags, signs, business cards, and all other representations
of any kind whether oral, written, or printed.
....produced entirely from grapes grown in the counties mentioned in
Section 25236 unless the representation is true. This section applies
to representations made on labels, advertising matter, letterheads,
invoices, tags, signs, business cards, and all other representations
of any kind whether oral, written, or printed.
Or the Airline Deregulation Act ...
Or some other federal loophole legislation which airlines routinely invoke to do what they do ...
#21
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This section applies to representations made on labels, advertising matter, letterheads, invoices, tags, signs, business cards, and all other representations of any kind whether oral, written, or printed.
Sales of alcohol are regulated at the state level (although there are federal labeling guidelines, as well, the feds do not fully occupy the field).
#22
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Not to hijack the thread, but I'd argue that Marcassin and Aubert from Sonoma Coast would be at the top of any Parker/Wine Spectator list; and Sea Smoke from the central coast would not get dissed either...
#23
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If the shelf talker or menu was produced by Mark West, you may have a point. However, United has nothing to the production or labeling of such wine on the bottle. As such, this law does not apply to them, or any other restaurants who may inadvertently put in the wrong bottling/vintage/typos.
#24
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Applicable only for/by the bottler of said wine. This law was introduced to prevent wine producers to suggest/imply the wine is from a specific region. As an example, a winery with the name "Napa View" (fake name, don't look it up) cannot produce and sell wine from Central Coast. Conversely, Central Coast wine producer cannot talk about the wonders of Sonoma Coast pinot noir in the marketing material that has nothing to do with their wine.
If the shelf talker or menu was produced by Mark West, you may have a point. However, United has nothing to the production or labeling of such wine on the bottle. As such, this law does not apply to them, or any other restaurants who may inadvertently put in the wrong bottling/vintage/typos.
If the shelf talker or menu was produced by Mark West, you may have a point. However, United has nothing to the production or labeling of such wine on the bottle. As such, this law does not apply to them, or any other restaurants who may inadvertently put in the wrong bottling/vintage/typos.
#25
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California Viticultural Areas
#26
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I want to drink with you one day. I also excluded Phelps, Flowers, Copain, Au Bon Climat, etc. But we're talking general area, not specific wineries. And Marcassin's Chardonnay is really what shines. But I digress..
#27
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Back to the original point, if a winery does two different bottlings, one a "California" and one a "Napa Valley", or one a "Napa Valley" and one a specific vineyard designate, the menu needs to be accurate. To use an extreme example, 2009 Heitz Martha's Vineyard Cabernet goes for $225 a bottle from the winery, while the 2009 Heitz Napa Valley Cabernet is $49. Both are good, but if I ordered Martha's Vineyard and got the Napa Valley instead I'd be seriously pissed.
Bob
#28
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Careful what you wish for: http://gawker.com/shady-waitress-dup...ium=socialflow
#29
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How is it "false advertising"? Is United implying that buying a Club membership guarantees an unlimited supply of that particular type of wine? Or are they serving the California in a Napa Valley bottle and hoping no one notices?
If you go to a restaurant and they don't happen to have every item exactly as is on the menu, is that "false advertising" too?
If you go to a restaurant and they don't happen to have every item exactly as is on the menu, is that "false advertising" too?
There is a placard displaying a particular varietal along with a price.
The serve you something different without saying so, and then charge you for it.
That's false advertising. Period.
#30
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I guess you can file a DOT complaint.