What responsibilities does a retailer have regarding the products sold? (Should

Question

What responsibilities does a retailer have regarding the products sold? (Should a McDonald’s franchisee be held liable for selling a Happy Meal to an already overweight child? Should a bartender be held liable for the drink(s) that cause the patron to now be above the legal limit? The claim of “improved wellness” with the products you will be selling: fact? Fiction? Puffery? Should all types of puffery be removed from ads?) Articulate your opinion and utilize the text and knowledge of applicable business laws to substantiate your position.

Explanation / Answer

I think any retailer including McDonald's franchisee has below responsibilities towards products sold to their customers :

1. Retailer should maintain adequate hygiene and required environment in the retail store required for their products

2. Storage space for products should be maintained at required atmospheric conditions so that food product retains its taste

3. Retailer should ensure fresh meals are served to the customers, so that are customers are happy and satisfied

4. Retailer should ensure the quality of raw material used in the preparing the final product

5. Retailer should choose qualified suppliers for getting raw materials. May if the company is large they can deploy third party to keep check on product quality of suppliers

6. Retailer should ensure the right labels as per Food & Drug Authority norms and regulations are placed on each product to know the manufacturing and expiry date of the product

7. Mcdonald's franchisee do not have control on the consumption of product at customer end. Hence retailer cannot be held liable for selling Happy Meal to overweight child.

8. Bartender can be held liable for the drinks that cause the patron to now be above the legal limit. Bartenders have to follow all the legal, statutory and regulatory requirements of the country.

9. Claim of 'improved wellness' on product ads is Puffery. All such type of puffery to be removed if you are cheating customers and making false representations to just sale the product.

10. All consumers can sue such retailers in a consumer court for making false representations and misleading information

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