There was a lunch menu posted on board outside a restaurant that said "Seafood Specials" and 3 items listed underneath. The first one was "fresh trout" and the other two were seafodd items such as swordfish and blackedn salmon. I like trout and know it to be found in rivers but I went in and asked the waitress what kind of seafood is the trout they have and how it looks and how they serve it as I never have heard of it as a seafood. She stated in their restaurant they consider trout a seafood. SO I asked if their trout comes from the sea and then she said no it comes from rivers and lakes. I was utterly disappointed and certainly do not think to be a right way of advertising lunch menu-freshwater trout as an exotic seafood. I wonder if this is a legal practice though.Typically seafood in some countries is more expensive (when sea/ocean is far away) then freshwater fish caught locally -- that is how the thinking started anyways so I was not sure how it all works and whether the restaurant can charge a higher price if they advertise trout as seafood. Definition of seafood includes edible marine life as opposed to fresh water life (Merriam Webster Dictionary and biology classification). Some helpful responses suggested my damages would be petty, but those responses actually helped me remember my real question as stated here. Thanks!
Well, to recover anything, you'd probably need to prove actual damages, and I really can't imagine they'd be substantial.
Alternatively, they could be violating some sort of administrative code that may be in effect there, but again, if it were me, I wouldn't really worry that much about it.
I personally don't see any advertising issues here. Most people in Missouri consider Trout as "seafood" in the general use of the word. I certainly do. Nothing in the advertising said anything about this Trout being "exotic," so I don't think that is an issue. If this advertising is problematic to you, I would recommend choosing a different restaurant. As far as a case against the restaurant, I think most judges would consider this type of issue as "petty" and throw it out of court. Just my personal legal opinion.
I grew up in St. Louis and practice law in New York. I can tell you that when I was growing up in St. Louis, trout and catfish were routinely considered to be seafood. What else is a restaurant supposed to call it?
More importantly, however, in order to bring a claim for false advertising, you would need to show that the advertisement is materially false. The distinction you are trying to make would not be considered material---it is, frankly, petty. Further, as a legal matter I cannot see how you can claim to have suffered harm,
Just remember that when I was young, the catfish were truly jumping in the Mississippi when we went out fishing, and we called that seafood.
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