BIKINI Case
Consumer protection misrepresentation statutes are passed by the legislators to protect consumers from advertisers who go commit fraudulent or deceptive practices. Retailers are permitted a certain amount of sales talk, but are not permitted to confuse or outright lie to consumers about a product. It is the public policy of states, as expressed through these laws, to protect consumers from any and all deceptive advertising, which may cost consumers not only their money, but in extreme cases, their lives.
Although Ms. Butterscotch-Brulee did not see the television advertisements of Bikini Corp., most of the consumer misrepresentation, deceptive trade practice, or fraud protection statutes do not require consumer belief of the claims made by a manufacturer or retailer. Simply making a fraudulent or misrpresentative statement about a consumer product is against the law and Bikini Corp. will likely lose this suit.
DOG Case
This question is taken from the following real-life case - STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. GRISHAM, 2004 Cal. App. LEXIS 1570.
The trial and appeals court held State Farm was NOT liable.
Most auto insurance policies are made to pay claims for any injuries or damages caused by the use, maintenance, or ownership of the car by the insured party. If it can be found that the dog bite injury was a result of Doberman's use of his truck, then State Farm is liable. Therefore, defining what is meant by the word "use" in an auto policy is key to determining liability. Because the policy insures the use of a vehicle, it should cover only those accidents that result from the vehicle being in use as a vehicle. In this case, the vehicle was not in motion or even on. It was in use, more or less, as a dog house. Whether the dog was in a house, on the street merely tied to a tree, etc., this injury would have occured and that fact that the truck was also involved does not make this an accident caused by the use of the vehicle. It is an accident due to a dog's desire to bite, not a vehicle's holding a dog. Therefore, as State Farm is not liable.
PLEASE NOTE: Responses here are for information/education only, NOT legal advice and do not form attorney-client relationship! Only licensed attorneys you hire in your state can provide legal advice.