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PPA liability in potential lawsuits against Epson for PPA Endorsed product..



The following was sent to several PPA Officers earlier this evening.

Since I have been quite vocal, who better to inform PPA?

------------------------------------------------------------

As a fellow professional photographer, I felt it my duty to inform you that PPA
has incurred a potential legal liability in it's endorsement (as posted by Epson
on their Epson USA site and in marketing literature).. By endorsement PPA
ostensibly implicitly certifies the advertising claims made by the
Manufacturer..

In this instance the products in question are Epson's new 1270 and 870
printers...

While Epson repeatedly claims a10 year archival nature for prints produced by
the printer it seems that a not insignificant number of users are reporting
significant orange-shifting/fading after, in many of these cases, less than 24
hours..  This clearly in contradiction to Epson's continuing claims of archival
quality.

A substantial amount of e-mail has been generated about this topic on the
epson-inkjet list located at egroups.com.  I would suggest you review this
archive immediately to understand the severity of this problem. You will note,
several photographers and artists are already contemplating legal action against
Epson, as Epson had done nothing to publicly address this issue except to
introduce a minor caveat to it's website.

Should lawsuits proceed against Epson, it is natural that the PPA endorsement
will be cited by those filing suit against Epson.  The reality is that PPA could
then be impleaded as an additional defendant if PPA has not taken any steps to:

1)    Push Epson to acknowledge and resolve the disjunction between fact and
reality in it's advertising

2)    Push Epson to "fix" the "problem" they are apparently experiencing with
the cyan dyes

3)    Encourage Epson to forthrightly redress the losses incurred by
professionals who depended upon one of these printers and Epson's
representations..

4)    Withdraw its endorsement absent demonstrable and public near-term efforts,
of the types mentioned in the aforesaid, on the part of Epson.

This is not something I wish to see happen, I would suggest that appropriate
individuals contact Epson and express PPA's disapproval and discuss the
preceding.  Particularly, as following receipt of this e-mail PPA will be
assumed to be "on notice" of the problems with a product bearing their
endorsement.

If PPA received compensation in exchange for the endorsement, PPA will be
particularly vulnerable to any suits that would be predicated upon the failure
of Epson to accord advertising with reality and the resulting damages to said
plaintiffs.

I should note that several complaints regarding this issue have already been
brought to the attention of the Federal Trade Commission..

PPA has done much good for many professional photographers, I do not wish to see
the value of its endorsement decrease, nor do I wish to see it become an
unknowing defendant and risk potential losses over an issue that should be
addressed directly, not by PPA, but by Epson.

I look forward to your response..

Keith Krebs

--
{       The views expressed in the preceding are those of the        }
{       author, alone, and  are neither the responsibility of,        }
{          nor, should they be understood to represent the            }
{            official viewpoint of  P.O.V. Image Service.             }
                 (Persistence of Vision Image Service)
                  "Your link to outstanding imagery."
                      http://www.p-o-v-image.com/
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