Tag Archives unfair practice

Plaintiffs can no longer base Missouri Merchandising Practices Act (“MMPA”) claims on sales “puffery”—i.e., exaggerated statements upon which no reasonable consumer would rely, or vague or highly subjective claims of product superiority. That’s the message from Hurst v. Nissan N. Am., Inc., No. WD 78665, 2016 WL 1128297 (Mo. Ct. App. Mar. 22, 2016). In Hurst, Plaintiffs alleged that Nissan violated the MMPA by making representations that “tended to create a false impression” about the quality of its “FX” sport utility vehicles, some of which developed dashboard bubbling from heat and humidity. Id. at *3. In particular, the FX’s marketing materials displayed FX dashboards and stated that the FX contained “premium automotive machinery” and “room for everything except compromise” and that the FX was “a superior product representing excellent value,” “uncompromising,” and “premium.” Id. at *4. The trial court certified a class of 326 Missourians who purchased Infiniti’s FX35 and…

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