As consumers, we understand that businesses are out to make a profit. We support them by purchasing their products, but that does not make us stupid. If we’re getting ripped off or we have been misled, we are going to notice. And many people have made it their mission to call out companies who are trying to trick their customers. There is a difference between persuasive marketing and outright deception, and although inflation has affected us all, that does not make it fair for companies to practice false advertising.

This has become such an issue that the European Parliament actually conducted a study on “misleading packaging practices”. They noted that there is no legal definition of “misleading packaging practices” either on the EU or Member States levels, so they had to create their own: “any kind of product packaging that notwithstanding a cursory examination as a result of the size of the packaging, its form or design or other important elements directly related to the packaging, including as well comparisons of the product in its current state to previous packaging and to competitors’ packaging, deceives or is likely to deceive the average consumer in relation to the quantity, the quality or other main characteristics of the product, and which causes or is likely to cause the average consumer to make a transactional decision that he would not have taken otherwise.”

The study delved into some of the most common misleading practices including: bigger packages with the same quantity at the same or a higher price; same packages with less quantity at the same price; attaching “gifts” to the package; turning metric (when weights are converted yet still reduced); wrongful or misleading information on the package; copycat packaging; and new formulas. They broke these practices down into two categories: those relating to the quantity and those relating to the quality of a product.

The EU Parliament also found that in 5 out of 13 Member States, very little to no information could be found showing that customers were aware of misleading packaging. That does not mean that the citizens really had no idea, but there were no formal complaints made or very little evidence that consumers were discussing this issue. In the countries where customers were clearly aware, there might not have been many formal complaints either. But in Lithuania, for example, the report states that, “Their awareness and concerns towards misleading packaging is reflected in internet comments and their participation in forum discussions. Furthermore, there are several private initiatives on the internet suggesting not to buy products which are pre-packed in a misleading manner.”

So for the most part, consumers are aware that there are some products being sold in sketchy packaging out there. But what are they supposed to do about it? We should not feel like we have to be on guard before buying anything and inspect the weight listed on the package taking into consideration how much it costs and comparing that to how much the last bag we bought six months ago cost. Grocery shopping should not involve mental gymnastics. 

At least in the United States, companies need to be wary of practicing false advertising because customers can pursue legal action. “If you paid for a product or service that was falsely or improperly advertised, you can hold the offending company accountable through a misleading advertising lawsuit,” the Wilshire Law Firm explains on their website. “If you successfully prove your claims, you could receive financial compensation.”

The Wilshire Law Firm explains what qualifies as false advertising as well: manipulating key terms, deceptive visual representation of the product, bait and switch (when companies pretend to be selling one good or service but end up giving the customers an inferior version), incomplete or false comparisons, and misleading product warranties or guarantees. When it comes to the consequences of false advertising, there are a few different routes consumers can take to seek justice.

For products that have been widely sold across the country resulting in a massive number of victims, class action lawsuits are usually the best way to go. Some class action lawsuits have millions or even billions of dollars at stake, and companies can be required to compensate for financial losses, to cover injuries, and more. Courts can also use a legal injunction to stop businesses from continuing their misleading marketing. Any of these cases can become very complicated, but if you feel you have been led astray or ripped off by a company, the Wilshire Law Firm recommends you seek legal counsel.    

When we think of products that get away with evil packaging, bags of air and shockingly small items usually come to mind. But there are a multitude of ways companies attempt to manipulate consumers, including tricking them into believing products are healthier than they are in reality. Ellie Krieger broke down some of the ways corporations try to influence what consumers think of a product in this piece for The Washington Post, and some of them may surprise you. For example, even the shape of a bottle can influence how customers perceive the healthiness of a beverage. We tend to assume that taller, thinner bottles contain less calories than their thicker counterparts, and when a thin container has curves similar to the indent of a woman’s waist, customers are likely to view those products as healthy as well. 

Images can also subconsciously lead customers to assume a product is healthy. Ellie explains that many companies use depictions of farms, fields, grains and produce on their products so customers will associate their food with being natural or fresh off a farm. “As I browsed the grocery store recently, I saw pictures of whole wheat still in its husk on boxes of crackers made only with refined flour; sketches of garden leaves on bags of coconut sugar, and prominent images of ripe whole fruit and vegetables on snack bars and puffs that contain more sugar than produce on the ingredient list, and the produce was in powdered form at that,” Ellie writes. “Pictures on packages can be powerful unconscious cues, connoting unprocessed, farm-fresh, natural foods that are flush with healthful properties. Very often the ingredient list tells a different story.”

Interestingly enough, muted colors are another way food manufacturers try to trick consumers into believing that their products are more healthy or more natural than they actually are. Apparently, most shoppers associate paler colors with more healthy products and brighter, more vibrant color schemes with processed, artificially flavored foods. Ellie notes that in general, the less processed products will be packaged in this way, so you are likely to choose a healthier option if you pick solely based on color scheme. But companies can also trick you. One study found that a candy bar with a green calorie label was perceived as healthier than the exact same bar with a white label.