Moss v. Guttormson

KONENKAMP, Justice.

[¶ 1] The issue presented is whether a salesperson adversely affected by product mislabeling can assert claims against the employer-distributor for deceit and for violating South Dakota’s Deceptive Trade Practices and Consumer Protection law. We conclude the claims are sustainable under both theories.

Facts

[¶ 2] In July, 1990 Scott Moss was hired as a South Dakota truck route salesperson for Arnie’s Meats and Seafood of Austin, Minnesota. Arnie’s used brochures to advertise and describe its products. One of the products it listed was sauger pike. Without telling its sales…