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Old August 15, 2016   #157
Fred Hempel
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Join Date: Dec 2010
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Threat of suit, though, is not the only reason that a seed company would avoid lying and saying that an OP is a hybrid.

The damage to the brand, for this type of lie, only increases with the success of a variety. And the likely hood that a "hybrid" would be outed as an OP only increases with success.

So, there are very strong reasons to not lie. The lie would be too easily proved, even if not in a court of law. Every gardener in the country could confirm a "fake" hybrid.

This is why I do not believe the practice of calling OPs hybrids is common, and why I do not believe that any large company, in particular, would be so stupid as to lie.

Quote:
Originally Posted by Cole_Robbie View Post
It's not that it is exactly legal, but no attorney for the government is going to pursue fraud charges over something like that. A consumer would have the right to sue civilly, but the best that would happen is that you would win your $3 back that you spent on the seeds. Damages must be foreseeable is the rule. So if you spend $3,000 on a garden to grow that $3 pack of seed, you may still only sue for the $3.
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