What is a marketing defect?

A marketing defect is a type of product defect that relates to how the product was being promoted, advertised, or labeled. In Oklahoma, marketing defects fall under the umbrella of dangerous products law, which protects consumers from malfunctioning, wrongly labeled, or dangerous products. A marketing defect can take on many forms. Some of the most common cases involve false advertising, where the company claims the product can do something it cannot. An example of this would be a company advertising a car part that allegedly improves fuel efficiency, but when installed it does nothing. In other cases, a product may be delivered with an inadequate warning or instruction for use. If a consumer uses the product incorrectly because of these inadequate warning, they may be able to make a claim against the company. Another common type of marketing defect involves an appeal to certain emotions or psychological states. An example of this would be advertising a product as a "cure" for an ailment, even though the FDA has not approved the product to treat any illness. Finally, the last type of marketing defect involves a company failing to provide a product as advertised. For example, if a consumer purchases a product that is described as having certain features, but the product that arrives does not have those features, they may be able to make a claim against the company for a marketing defect. Overall, marketing defects are an important aspect of dangerous products law in Oklahoma. By understanding what constitutes a marketing defect, consumers can protect themselves from faulty products or deceptive practices.

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What is a marketing defect?

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