False labeling on video cassettes, "Alien" series, sold by the EAC Consumer Products Ltd. APS (a company of Denmark), Chinese Taipei Branch

Chinese Taipei

Case:

False labeling on video cassettes, "Alien" series, sold by the EAC Consumer Products Ltd. APS (a company of Denmark), Chinese Taipei Branch

Key words:

False or misleading labeling

Reference:

Fair Trade Commission Decision of 15 July 1998 (349th Commission Meeting) ; Disposition (87) Kung Ch'u Tzu No. 8700156

Industry:

Audio Publishing (8391)

Relevant Law:

Article 21 of the Fair Trade Law

Summary:

1. This case originated from a consumer complaint against the "Alien" series of movies distributed by EAC. On the outer packaging of the videocassettes were four color pictures (Alien 1-4) and statements emphasizing that one could collect the entire series. However, upon opening the packaging, it was discovered to contain only the first three "Alien" films and a trailer for Alien 4 - Alien Resurrection. By packaging and labeling the products in this manner, EAC had clearly engaged in deception of the consumer.

2. The language used by EAC on the packaging - "Alien", "Alien Continued", and "Alien 3" along with a photograph from Alien 4 and the statement that one could "collect all of the Alien Films" and other references to "Alien Resurrection" - would reasonably lead a consumer to believe that it was buying the entire series of four films. However, the contents of the packaged set were the complete first three films, but only a twenty-minute trailer about "Alien Resurrection" - the actual film was not included.

3. The respondent EAC sent its representative to the Fair Trade Commission and verified the foregoing, but stated that the packaging was prepared according to the original packaging from the U.S. supplier, which contained references to "Alien Resurrection." However, not only did the respondent's claims not comport with the actual language of the original, even if the respondent was simply following the original text, the respondent still has the responsibility to check the contents before placing it in the market.

4. The respondent was found to have deceived consumers through deceptive packaging in violation of Article 21 of the Fair Trade Law which provides that no enterprise shall make any false or misleading presentation on goods as to their price, quantity, quality, content, manufacturing process.