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The classic case of shrinkflation is ever shrinking cans of tuna. However, to the glance, they looked exactly the same. They stacked the same way and difference in height was imperceptible.
While there was a required label for the net weight of contents, why would anyone look when the cans appear to be the same as they always were and how would you notice when there is no prior can to compare to.
This is lying. The companies are clearly misleading consumers to hide price increases even if the information is technically there for someone who looks closely enough.
Consumer transparency means that when you make a change, the difference is clearly visible. Consumer protection should be that companies cannot lie, hide or mislead about this change as they are doing now. A fundamental part of capitalism is that consumers have the information to participate in the market, which requires transparency of products. Capitalism is not just corps exploiting consumers, but an ecosystem of production and consumption where each participant can make choices in their own interest. Being able to lie, hide or mislead is a distortion or abuse of the market and governments role needs to be to stop that so markets can work effectively
So how do you get that through the Fifth Circuit?
We can have all the ideals in the world but dysfunctional is dysfunctional