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International Law

: Misleading Advertising Law

Children's Orchard Website

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PATERSON, NJ - OCTOBER 06:  Micheal Steiner, a...

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I have written before about Children's Orchard, a franchise system with decidedly mixed success.

Now, Unhappy Franchisee reports that


"Children's Orchard is a chain of franchised resale shops that buy and sell children's clothing, furniture, and toys. 

It was founded in 1980 and, in 2004, was acquired by current CEO Taylor Bond and a group of investors."

Having failed to engage the new owner of their franchise company CEO in meaningful dialogue and negotiation, the unhappy franchisees of the Children's Orchard franchise chain have taken to the Internet and the court of public opinion.

Yesterday, independent franchisee association The Orchard Cooperative (TOC)  launched The Orchard Cooperative website. 

One of the most professionally produced franchisee websites on the 'Net, the TOC website is organized into About Us, Smart Buying, CEO Record, franchise performance, franchise agreement, and competitor agreements."

This is always a tough topic: when should the independent franchisee association, IndFA, come out against the managers of the brand?

On one hand, the IndFA wants consumers to value the brand, but on the other hand the association has a duty to speak out against actions by CEO of franchisor when the CEO is no longer providing value to the brand.

What makes the The Orchard Cooperative website stand out, in part, is their analysis of their franchise agreement as compared with the competitors, Kid to Kid and Once Upon a Child.

Reading the comparisons sure makes the point that Children's Orchard is more expensive to own than either Kid to Kid or Once Upon a Child, I very much applaud this move to be more transparent.

Now, I do have some concerns about the viability of a website and association who have no other goal but to gripe about their contractual conditions; IndFA's have to do more to be viable.

Even the much maligned Toasted Sub, a website devoted to criticizing Quiznos, has some corporate sponsors on the front page!

This will be a story I will follow with interest.

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Full post as published by Misleading Advertising Law on May 13, 2009 (boomark / email).

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