Originally Posted by mysticknot
That would be great Zizanioides !
I see the word 'fraudulent' coming into my head re. reformulation.
( NB.It is important for customers and consumers to stand up for their rights . )
Ok, as a disclaimer I am not a lawyer and none of this is intended as legal advice, just the results of my slap dash research.
From Glorianna over at Perfumeoflife forums: http://www.perfumeoflife.org/lofiver...hp/t36077.html
"Thanks everyone. I'm going to write to the original retailer, alleging breach of contract (failure to comply with description given to goods ie not " Coco" as understood to a repeat consumer and copy to Chanel UK, French Head Office and request the comments be forwarded to Jacques Polge.
As a lawyer, I've always thought that there is potential for a legal challenge when a perfume is reformulated to the extent that it smells noticeably different from that expected by the consumer on the basis of a previous perfume issued under that name."
She might be on to something there but there is a simpler remedy; calling the company complaining and demanding a refund. Most of them seem to have a policy whereby you ship back the offending product and receive a refund or some sort of compensation. Now, whether they will honor your purchase if you bought through a third party is a different issue but I think it would work if you were very persistent and aggressive.
Are perfume companies committing fraud by selling you a reformulated perfume? Criminal fraud is probably a stretch and you would have a hard time getting any judge to agree with this as it could possibly destroy a multi-billion dollar industry but there are other civil complaints that might be valid. False advertising would be a good place to start
From the Lanham Act)
Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which--
is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
(B)in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services,
or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act." (15 USC 1125)
The idea would be that Chanel (or whoever) is misrepresenting their product by changing it's fundamental consistency while still labeling it "Chanel No. 5". At no point does Chanel ever hint in their advertisements that Chanel No.5 has been changed or is anything other than what it was 80 years ago or that it's not what you bought 3 years ago. Is that actionable? No idea, the world of commercial law is dizzying and I'm not trained in it! But there are a number of other laws that allow a customer to bring a suit for damages if the product isn't fit for the intended purpose (smelling like the perfume it used to be) etc. A small claims suit for breach of contract, as Glorianna suggests, might be a good bet.
When people are busted for selling counterfeit perfumes their crime is in misrepresenting the product and engaging in fraud. The bizarre part is that the counterfeiters could have created a perfect copy using the exact same ingredients and they would still be guilty of fraud if they labeled it to look like it was produced by a designer label etc. No one is testing these perfumes to see how similar they are to the real things; it's immaterial. The perfumers, on the other hand, can sell water packaged as your favorite perfume and claim that nothing is wrong. I think perfume has many legally murky and quixotic areas that haven't been fully explored, probably because no one cares enough to start suing over it. I'll edit this post to be more accurate after some coffee