# Local burger place claims they serve Coca-Cola but they don't, do I have a legal case against them? **URL:** \ **Category:** Cafe Society\ **Created:** [March 31, 2025, 5:23am UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386 "2025-03-31T05:23:20Z")\ **Posts on this page:** 20\ **Page:** 4
**Author:** ![engineer\_comp\_geek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/engineer_comp_geek/32/504_2.png) [@engineer\_comp\_geek](https://boards.straightdope.com/u/engineer_comp_geek)\ **Post date:** [March 31, 2025, 5:59pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/61 "2025-03-31T17:59:13Z")
One thing to keep in mind is that anyone can sue anyone else in this country. So the OP wants to take legal action against a restaurant based on the following: 1. The dispenser doesn’t have logos on it. 2. They think the soda doesn’t taste right. Now, it’s entirely possible that they are correct, and the restaurant has been making substitutions to save money. A few years ago, a bunch of McDonald’s franchises in the DC area were switching out cheaper hamburger patties on the McLean (if I recall correctly, it was something like that). When they got caught, it was a big deal. The OP could be a similar situation where people are paying for Coke and not getting Coke. It is also possible that the OP is wrong, and the generic dispenser was just a replacement, and they are actually selling Coke from an actual Coke distributer. What happens if the OP causes a big stink in this case? Well, again, anyone can sue anyone, so the restaurant can sue the OP for damages caused by spreading disinformation about their products resulting in lost sales. So, be careful. If you’re right, you could be a big hero for consumers and become well known for helping to prevent consumer fraud. But, if you’re wrong, you could end up owing the restaurant a LOT of money. Personally, I would be rather reluctant to start Soda-Gate without being absolutely certain that the product they are selling isn’t in fact Coke. ---
**Author:** ![Elmer\_J.Fudd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/elmer_j.fudd/32/1211_2.png) [@Elmer\_J.Fudd](https://boards.straightdope.com/u/Elmer_J.Fudd)\ **Post date:** [March 31, 2025, 5:59pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/62 "2025-03-31T17:59:41Z")
> [@Czarcasm](#): > > this is about the possibility of an establishment lying for profit. If that’s the sort of thing you feel the need to report to someone, you must be a very busy person. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [March 31, 2025, 6:00pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/63 "2025-03-31T18:00:30Z")
Whatever happened to Option #3? A business lied to get your business, and will continue to lie to get other people’s business. ---
**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\ **Post date:** [March 31, 2025, 6:01pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/64 "2025-03-31T18:01:31Z")
> [@Elmer\_J.Fudd](#): > > From what I understand from the OP, this is just some outdated branding on the drive-thru menu board. There may be no actual intention to mislead their customers. How long does it take to stop being outdated branding and start being deliberately misleading? The instant they stopped serving Coca-Cola they should have changed their signs. I’m a reasonable and affable man, so I wouldn’t jump on anyone for signs being out of date for a day or two, but they need to change it. ---
**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\ **Post date:** [March 31, 2025, 6:02pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/65 "2025-03-31T18:02:35Z")
It’s not about getting the restaurant in trouble for breaking a rule. It’s about claiming to serve something that they aren’t serving. As I said, when I was a soda drinker I would only go to fast food with Coke products. It was an intentional choice I made and they were defrauding me. My remedy would be to just not go there anymore but I get it. They need to change their signage assuming they are actually not serving Coke. ---
**Author:** ![Sitnam](https://avatars.discourse-cdn.com/v4/letter/s/6a8cbe/32.png) [@Sitnam](https://boards.straightdope.com/u/Sitnam)\ **Post date:** [March 31, 2025, 6:02pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/66 "2025-03-31T18:02:35Z")
> [@Czarcasm](#): > > Do the prices average out, or are they generally charging more than the listed price? Oh, it’s more. Insert required excuse if it’s the owner a shrug if it’s someone else. ---
**Author:** ![engineer\_comp\_geek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/engineer_comp_geek/32/504_2.png) [@engineer\_comp\_geek](https://boards.straightdope.com/u/engineer_comp_geek)\ **Post date:** [March 31, 2025, 6:04pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/67 "2025-03-31T18:04:02Z")
> [@Odesio](#): > > How long does it take to stop being outdated branding and start being deliberately misleading? The OP specifically asked if they served RC and was told that the product that they sold to the OP was RC. If it’s not actually RC, then it’s not a case of outdated branding. ---
**Author:** ![Babale](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/babale/32/15666_2.png) [@Babale](https://boards.straightdope.com/u/Babale)\ **Post date:** [March 31, 2025, 6:05pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/68 "2025-03-31T18:05:19Z")
> [@Left\_Hand\_of\_Dorkness](#): > > I just don’t think that the rest of us should enlist ourselves as unpaid Pinkertons for megacorporations. The restaurant is defrauding consumers by telling them they’re getting one product and giving them another. > [@Elmer\_J.Fudd](#): > > Is this such an affront to justice that it’s reasonable to risk putting a small burger joint out of business? Is the small burger joint so shitty that it will be unprofitable unless it lies to its customers about what kind of drinks they sell? > [@TriPolar](#): > > If you ordered Coke and were disappointed with the product you received, and verified that you were not given a product made from Coca Cola syrup then you have a legitimate interest in the matter. Sounds like that’s what OP did. > [@TriPolar](#): > > Suppose you were wrong? Then the restaurant would presumably not receive a cease and desist letter from Coca Cola given that Coca Cola would be able to confirm that they are, indeed, a customer. > [@Pleonast](#): > > It’s in everyone’s interest that commerce is conducted honestly. Yes, this, 100%. > [@Elmer\_J.Fudd](#): > > Why is the first inclination to become the cola police? Do you imagine that the owner _doesn’t know_ about the Coca Cola branding outside? The owner is clearly choosing to sell products under false pretenses. And, nobody is suggesting that you arrest the owner, or smash up his shop, or take a pick to the legs where he keeps his bargain brand coke in the back. You aren’t the police or the Pinkertons. ---
**Author:** ![Babale](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/babale/32/15666_2.png) [@Babale](https://boards.straightdope.com/u/Babale)\ **Post date:** [March 31, 2025, 6:08pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/69 "2025-03-31T18:08:17Z")
> [@Elmer\_J.Fudd](#): > > From what I understand from the OP, this is just some outdated branding on the drive-thru menu board. There may be no actual intention to mislead their customers. If they are innocently accidentally deceiving their customers, that’s not much better. ---
**Author:** ![CairoCarol](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cairocarol/32/3825_2.png) [@CairoCarol](https://boards.straightdope.com/u/CairoCarol)\ **Post date:** [March 31, 2025, 6:09pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/70 "2025-03-31T18:09:04Z")
> [@Lucas\_Jackson](#): > > It was reported to Warner Bros. Discovery and they were ordered to remove the BB images, or so I’m told. Decades ago, a friend of mine went to work for WB (or maybe it was Disney) in San Francisco or LA as a newly minted attorney. As part of the lowliest crop of hires, he had to play enforcer with a group of deaf clowns who were selling knock-off merchandise in a local park as a means of raising income for some charitable endeavor. He could have quit lawyering and become a successful stand-up comedian on the strength of his yarns about personally visiting the deaf clowns and telling them to stop selling unlicensed items. It was … awkward. ---
**Author:** ![engineer\_comp\_geek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/engineer_comp_geek/32/504_2.png) [@engineer\_comp\_geek](https://boards.straightdope.com/u/engineer_comp_geek)\ **Post date:** [March 31, 2025, 6:11pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/71 "2025-03-31T18:11:49Z")
> [@Babale](#): > > The owner is clearly choosing to sell products under false pretenses. And again, a lot of folks in this thread are just assuming this to be true, based on the OP’s evidence, which is a bit weak. It is entirely possible, based on what has been presented so far, that the restaurant is in fact selling actual Coke products. Of course, it’s also possible that they aren’t, but that is far from proven. And yet, many responses in this thread are treating it as a firmly established fact. ---
**Author:** ![Babale](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/babale/32/15666_2.png) [@Babale](https://boards.straightdope.com/u/Babale)\ **Post date:** [March 31, 2025, 6:13pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/72 "2025-03-31T18:13:28Z")
> [@Left\_Hand\_of\_Dorkness](#): > > Yeah, but it’s also in everyone’s interest that we’re not all looking for occasions to tattle on one another and get each other in trouble. That is, to me, a much greater interest than the interest in trademark protection for a junk food. Other than being told to stop lying to their consumers, what trouble is you imagine they’d get in? > [@Left\_Hand\_of\_Dorkness](#): > > Telling Cocacola that their trademark is being abused is much more in the second category, in my opinion. So you’re totally fine with someone selling generic cola and lying about it, because the only people that get fucked over are big corporations? If I find out that someone is stealing your identity and running up credit card charges in your name, should I find out your net worth before telling you about it? You know, to make sure you’re not rich enough that tattling on the identity thief is actually immoral? ---
**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\ **Post date:** [March 31, 2025, 6:16pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/73 "2025-03-31T18:16:12Z")
> [@engineer\_comp\_geek](#): > > And yet, many responses in this thread are treating it as a firmly established fact. Not really. Of course OP needs to verify that it’s actual fact but the more interesting discussion assumes that it isn’t which is what we are doing. ---
**Author:** ![Babale](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/babale/32/15666_2.png) [@Babale](https://boards.straightdope.com/u/Babale)\ **Post date:** [March 31, 2025, 6:18pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/74 "2025-03-31T18:18:06Z")
> [@engineer\_comp\_geek](#): > > And again, a lot of folks in this thread are just assuming this to be true, based on the OP’s evidence, which is a bit weak. I mean, your response assumes that the OP is real, and not a paid Russian troll or an intelligent AI or a computerized dead person trapped in a simulation. If you want to fight the hypothetical, go ahead. But anyways, I addressed this already. Worst case scenario, you tell Coca Cola ‘this burger joint is selling generic cola and claiming it’s your product!’, and Coca Cola will check their records and see that the burger joint in question gets Coca Cola from a licensed distributor. ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [March 31, 2025, 6:22pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/75 "2025-03-31T18:22:50Z")
> [@Babale](#): > > So you’re totally fine with someone selling generic cola and lying about it, Again: > [@](#): > > but it’s also in everyone’s interest that we’re not all looking for occasions to tattle on one another and get each other in trouble. The reasonable response to this is to go to a different restaurant, or maybe to tell the manager if it’s that important. Tattling about it leads to the kind of community I don’t want to be in. You do. Tastes vary. Edit: > [@Babale](#): > > If I find out that someone is stealing your identity and running up credit card charges in your name, should I find out your net worth before telling you about it? oh for fucks sake ---
**Author:** ![Asuka](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@Asuka](https://boards.straightdope.com/u/Asuka)\ **Post date:** [March 31, 2025, 6:24pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/76 "2025-03-31T18:24:16Z")
I actually looked it up because I was curious. The generic Cola actually is a legitimate local bottling companies brand, it matches the logo I saw even though it just says COLA on it. So no they’re not still serving Coke/RC unless they went through all the steps to replace their original fountains logos of Coke/RC with the new generic Cola logos and still serve Coke/RC for some reason. And yes, if you ask them if they have Coke they still say yes even though they haven’t served Coke in at least 10 years and have already been past their RC stage and are now in generic Cola stage. ---
**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\ **Post date:** [March 31, 2025, 6:26pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/77 "2025-03-31T18:26:21Z")
If the burger place is run by a 5th grader who “just didn’t know better” I think we can avoid tattling. If, instead, the burger place is run by an adult who is choosing to give his customers a cheap knockoff product instead of the more expensive brand name product he advertised, I’m 100% fine with anyone who wants to tattle. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [March 31, 2025, 6:31pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/78 "2025-03-31T18:31:35Z")
> [@Babale](#): > > Sounds like that’s what OP did. Yet the OP did not contact Coca Cola about the matter. So perhaps there other reasonable solutions such as going to a different restaurant or ignoring the matter. ---
**Author:** ![Babale](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/babale/32/15666_2.png) [@Babale](https://boards.straightdope.com/u/Babale)\ **Post date:** [March 31, 2025, 6:33pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/79 "2025-03-31T18:33:02Z")
> [@Left\_Hand\_of\_Dorkness](#): > > > [@Babale](#): > > > > So you’re totally fine with someone selling generic cola and lying about it, > > Again: > > > [@](#): > > > > but it’s also in everyone’s interest that we’re not all looking for occasions to tattle on one another and get each other in trouble. > > The reasonable response to this is to go to a different restaurant, or maybe to tell the manager if it’s that important. Tattling about it leads to the kind of community I don’t want to be in. You do. Tastes vary. How is it more _reasonable_ for you to just walk away and leave the restaurant to lie to every other customer? Huh??? The society you want to live in is one where people lie about their products and get away with it? Again - huhhhhh??? If OP went and posted a negative review about this, outing the burger joint for lying, or if he posted about it on NextDoor - would he be a horrible tattler? What if the burger chain was doing something different? For example - they get the umbrellas that used to be at Costco’s food course and put them outside - 100% beef hot dogs! Hebrew National brand! But actually, they’re serving grocery store pork blend hot dogs. That’s cool? Am I a “tattler” if I tell anyone? What if the food they’re serving is a day past the expiration date? They get it when the grocery store throws it out - but it’s just one day, right, no big deal; no one’s ever gotten sick from that; you really wanna live in a society of tattlers? > [@Left\_Hand\_of\_Dorkness](#): > > Tattling about it leads to the kind of community I don’t want to be in. You do. Tastes vary. I want to live in a community where I know that if someone sells me a product, they are truthful about what goes into it, because there are consequences for lying. What kind of community do you prefer? > [@Left\_Hand\_of\_Dorkness](#): > > > [@Babale](#): > > > > If I find out that someone is stealing your identity and running up credit card charges in your name, should I find out your net worth before telling you about it? > > oh for fucks sake You can act as exasperated as you want, the fact is that the _only_ reason you gave why we shouldn’t care about this is that Coca Cola is a big megacorporation while the burger stand owner is just some guy. If it’s not about money, what _is_ it about? ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [March 31, 2025, 6:33pm UTC](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386/80 "2025-03-31T18:33:38Z")
okay, we’re done here. [Previous page](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386.md?page=3) [Next page](https://boards.straightdope.com/t/local-burger-place-claims-they-serve-coca-cola-but-they-dont-do-i-have-a-legal-case-against-them/1016386.md?page=5)