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Chapter 18 Consumer Protection Hawaiian Islands Coffee Company markets a brand of coffee under the name Kona Sunrise. Printed on the coffee's packaging are the

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Chapter 18 Consumer Protection Hawaiian Islands Coffee Company markets a brand of coffee under the name "Kona Sunrise." Printed on the coffee's packaging are the following statements: "Enjoy the luxurious flavor of world-renowned Kona coffee" "Experience the warmth of the Islands in every cup." "There's no substitute for the real thing." "Ingredients: 100% Hawaiian coffee." Susan owns a coffee shop in Summerville. While walking through the Harris Teeter she sees packages of Hawaiian Islands Coffee selling for just $16.99 per pound. Susan knows that Kona coffee* is very expensive, generally selling for over $30 per pound. After reading the packaging, she buys 20 pounds of coffee to sell in her shop. The next day, Susan adds the coffee to her menu as "Special Edition - Kona" and sells a cup to her first customer of the day. The customer takes a sip and tells Susan that she just came back from Hawaii and that coffee can't be Kona. Susan pulls a bag from behind the counter and shows it to the customer, who laughs, "that explains it - I have a friend who works for Hawaiian Islands Coffee Company and she told me that they blend the real Kona with standard Arabica beans. I think you got ripped off." As it turns out, while 100% of the coffee is grown in Hawaii, it consists of just 1% Kona and the remaining 99% is Arabica. *NOTE: Kona is a variety of coffee bean grown only in Hawaii. It is highly regarded for its smooth flavor and is considered far superior to Arabica beans (used in most mass-market coffees, including Folgers and Maxwell House). a [5 Points] Has the Hawaiian Coffee Company committed false advertising? In what manner? Explain your answer in consideration of the elements of proof. b [5 Points] Suppose Hawaiian Coffee defends itself by (truthfully) claiming they had not intended to mislead consumers in any way and believed every statement on the packaging was true. Is this defense likely to be successful? Explain. For the toolbar, press ALT+F10 (PC) or ALT+FN+F10 (Mac). A T

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