Can a contractual disclaimer change the regulatory meaning of a prominent product claim?
Last reviewed: .
Can a contractual disclaimer change the regulatory meaning of a prominent product claim?
The company’s Terms of Use state that their technical-operation section “does not limit responsibility for a factual advertising statement that applicable law requires to be truthful and supported when made.”
The filter’s own limits are printed on its label, in the same place as its directions. The label states that the filter is used in dry air only, that it is replaced when the pressure drop or the interval stated on it is reached, that it is not washed, vacuumed, brushed, blown out or reused, and that air that passes around a filter is not treated by it. A claim is read where it is made and at the size it is made, and the company’s answer to a question about a claim is the claim itself, stated plainly.
Source: NanoFlashing™ Air Filter label, Directions for Use, Operating Conditions and Installation; C-POLAR — Terms of Use, section 13, https://cpolar.tech/terms/.
Reviewed on .
Sources
- NanoFlashing™ Air Filter label, Directions for Use, Operating Conditions and Installation
- C-POLAR — Terms of Use