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18 years 7 months ago #25

"Ichiban":2pq0jjt8 wrote: Could have been anyone. Could've been me, could've been Arthur Guinness himself, back from the dead.[/quote:2pq0jjt8]
Well it wasn't me, but I am on record here as saying that I thought the Árainn Mhór labelling was in breach of the law, so I may as well set out my stall since I've done some research.

Section 43 of the Consumer Protection Act 2007[/url:2pq0jjt8] says:
[quote:2pq0jjt8](2) A commercial practice is misleading if it would be likely to cause the average consumer to be deceived or misled in relation to any matter set out in subsection (3) and to make a transactional
decision that the average consumer would not otherwise make.
(3) The following matters are set out for the purposes of subsections (1) and (2):
(a) the existence or nature of a product;
(b) the main characteristics of a product, including, without limitation, any of the following:
(i) its geographical origin or commercial origin[/quote:2pq0jjt8]
The last bottle of AM beer I looked at said:
[quote:2pq0jjt8]Brewed in the EU
Árainn Mhór Brewing Company
Árainn Mhór Island
County Donegal
Ireland[/quote:2pq0jjt8]
I contend that "the average consumer" would be led by this wording to believe that the beer was Irish-made, and that they would be encouraged to buy it over other products based on that belief. The trademarked slogan "One of our own" would serve to reinforce the belief.

Whether or not my contention is valid would depend on the definition of "the average consumer" and their behaviour, which is a [i:2pq0jjt8]massive[/i:2pq0jjt8] grey area.

Gerry, I'd be interested in your comment on my contention. Do you think the beer could be mistaken for an Irish-made one?

18 years 7 months ago #26

I'd fall for it <!-- s:oops: --><img src="{SMILIES_PATH}/icon_redface.gif" alt=":oops:" title="Embarassed" /><!-- s:oops: -->

18 years 7 months ago #27

Just been reading this...Traitor in the Camp?! A very harsh statement to make i think, and i dont feel Adeptus is over-reacting to be honest.

You knew your position when you replied in the original thread. You knew that some people diagreed with you completely and you knew that alot of others disagreed with your methods, so why are you now coming to us surprised and disgusted about what happened?!

Not only is the title of your thread extremely presumptuous, but it is pretty offending. you cant address a group of people in that manner when you have no concievable truth that someone on here was behind it...i personally would not make such a complaint, as its not really in my nature to do so, but as Sbillings said, if a person saw fit to put a query or complaint through to these people then that is their decision, i dont think anyone is trying to run your buisness in to the ground. You really arent doing yourself or your beer and favours by coming here with such ridiculous claims
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