Beside bearing more resemblance to sawdust in flavor than grated cheese, the package contained another surprise. Had MrConsumer been Superman, he could have used his x-ray vision at the store and discovered that the container was only about 60% filled.

*MOUSE PRINT x-ray:

Regulations of the Food and Drug Administration call this “slack-fill.”

*MOUSE PRINT:

Subpart F–Misbranding for Reasons Other Than Labeling

Sec. 100.100 Misleading containers.

In accordance with section 403(d) of the act, a food shall be deemed to be misbranded if its container is so made, formed, or filled as to be misleading.
(a) A container that does not allow the consumer to fully view its contents shall be considered to be filled as to be misleading if it contains nonfunctional slack-fill. Slack-fill is the difference between the actual capacity of a container and the volume of product contained therein. Nonfunctional slack-fill is the empty space in a package that is filled to less than its capacity for reasons other than:
(1) Protection of the contents of the package;
(2) The requirements of the machines used for enclosing the contents in such package;
(3) Unavoidable product settling during shipping and handling;
(4) The need for the package to perform a specific function (e.g., where packaging plays a role in the preparation or consumption of a food), where such function is inherent to the nature of the food and is clearly communicated to consumers; [(5-6) omitted; 21 CFR 100.100]

A check of another container revealed a similar slack fill. It is unclear whether the contents did or did not weigh the labeled eight ounces. Without more facts, one cannot determine whether this package violates the law, but it sure might annoy most purchasers.

[Note: The next new Mouse Print* story will be published on Monday, November 30.]

When she contacted Sears, the consumer recounts, “a technician who handles warranty service for Sears told me it is quiet because there is no compressor in it and it cannot keep food cold enough to eat safely if there is no compressor.” Please visit Walletpop for the rest of her tale, and learn whether Sears gave her any money back.

Here is how Sears promotes this refrigerator on its website:

It is described in part as:

This Thermoelectric refrigerator chills your food without noise and vibration. You’ll never notice it’s there until you need a snack! With no harmful refrigerants, this quiet, compact, thermoelectric refrigerator will be enjoyed and appreciated by everyone.

It is nice to know that this appliance has no harmful refrigerants, but it does have something worse.

*MOUSE PRINT: The disclosure that is missing in that product description is that it is not safe to store perishable food in this “refrigerator.” According to the Food and Drug Administration, refrigerators should be kept at 40 degrees or below, which this appliance is apparently unable to do.

The FDA goes on to say:

“The goal is to keep yourself and others from being sickened by microorganisms such as Salmonella, E. coli O157:H7, and C. botulinum, which causes botulism. Keeping foods chilled at proper temperatures is one of the best ways to prevent or slow the growth of these bacteria.” –FDA

Given the limitations of this unit and the potential illness it could cause, it seems to us that Sears should pull these units off the market or clearly label them as “coolers” along with appropriate warnings that perishable food should not be stored inside for more than a few hours. It would also seem appropriate that Sears either warns existing purchasers of the potential danger of these units or recalls them.

Companies have joined in to help raise money for various breast cancer organizations typically by promising to donate X cents or X dollars for every product sold bearing a pink ribbon. A maximum donation is often stated in the advertising. So many companies have joined in doing these promotions dubbed “cause marketing”, that store shelves and ads are filled with pink ribbon items.

Some women with breast cancer are now speaking out about the commercialization of their disease. They don’t like the fact that some companies appear to be profiting from their pain.

“Many breast cancer survivors like Zielinski find themselves conflicted over this little powerful ribbon. Some survivors feel companies are exploiting breast cancer, marketing themselves as philanthropic outfits that care about women when what they mostly care about is the pink ribbon’s enormous ability to boost profits. Some just feel overwhelmed by the constant pink reminder, especially in October, Breast Cancer Awareness Month, of a disease that has forever altered their lives.” — Sick of Pink, Boston Globe Magazine, October 4, 2009

Poking around the Internet, Mouse Print* discovered that Buy.com was promoting its own very pink “Breast Cancer Awareness Store.”

Among the items being sold there are pink luggage and even pink flash drives from PNY.  In many cases, there is no specific disclosure of how much money of your purchase will be donated to breast cancer causes.

*MOUSE PRINT: Some items just say, “Portions of the proceeds of the sale of this flash drive go the Susan G. Koman for the cure foundation.”

The site also did not appear to say whether it was actually Buy.com or the products’ manufacturers who were making the contributions.

*MOUSE PRINT: A public relations representative for Buy.com when asked by Mouse Print* replied:

“As part of Buy.com’s National Breast Cancer Month Promotion, the participating manufacturers are making the donation when each item is sold.”

While manufacturers need retailers to promote pink products in order to donate the sums they have promised, some consumers might erroneously have believed that this retailer was also making a contribution derived from the profit on the sale of these pink items.

Here is a part of a typical advertisement promising a free upgrade to Windows 7:

However, when visiting various computer manufacturers’ websites specifically set up for processing Windows 7 upgrade requests, some consumers will learn for the first time about the possible fees (that are often buried in a FAQ section or under Terms and Conditions):

*MOUSE PRINT:

The Details: “The Windows 7 Upgrade license is free for qualifying PCs. Only materials, shipping, handling, and fulfillment fees may be included in the cost of the upgrade program. If any fees apply, the amount will be presented to you prior to final submission of your order. At that time, you will have the opportunity to opt out before final order submission.” [from Lenovo terms] [Emphasis added]

“There is no charge for the Windows 7 Upgrade Option Program from HP; however, shipping, handling, and other fees (including taxes depending on local and state laws) might apply depending on the retailer or reseller where you purchased your eligible computer.” [from HP FAQ] [Emphasis added]

Dell ad 9/30/09. [Dell FAQ]

Dell told Mouse Print* that it is not going to charge any fees to US customers, despite disclosures to the contrary on their website and in recent newspaper ads (like the one above).

Both HP and Sony told Mouse Print* that they negotiated with big retail chains offering them the opportunity to allow their customers to receive completely free upgrades. Neither would provide a list of which retailers signed up, nor what retailers had to pay or agree to. Retailers say the manufacturers decided on pricing. So they are each pointing fingers at the other claiming the other is responsible for setting the shipping charges if any. Who’s caught in the middle? The consumer, who may not know until after purchase, whether they will have to pay high shipping and handling fees.

No manufacturers’ site linked from the official Microsoft Windows 7 upgrade page lists upfront the specific total charges that consumers will incur for shipping/handling/fulfillment, nor which retailers have agreed to “eat” the shipping charges and which have not. You often have to begin filling out the upgrade request form, sometimes with personal information including the serial number or part number of the computer you have purchased before the shipping costs are revealed. Lenovo is one of the few manufacturers that discloses their fee in the first step of the upgrade process.

Despite the near complete lack of price disclosure, Mouse Print* has learned some of the charges that some consumers will face:

Now to the retailers. There generally is little or no disclosure by retailers and etailers in their advertisements that some purchasers may have to pay substantial delivery charges to obtain their “free” upgrades, let alone the actual price that will be charged. Of course, some stores’ customers won’t have to pay any charges, but the consumer cannot tell the difference between sellers that fail to disclose the charges and ones that legitimately are not making their customers pay. Staples appears to be the only major retailer that clearly states separately for each computer in its circulars when customers will have to pay for shipping.  Spokespeople for Amazon.com, Costco, Best Buy, and Office Depot told Mouse Print* that their customers will not be charged shipping and handling fees.

So what’s a consumer to do?  If you have already purchased your computer, you can go on the manufacturer’s website to register for the “free” upgrade.  During the registration process, manufacturers will eventually disclose the actual shipping cost, if any. If you have not yet purchased your computer, there is no real way to know whether purchasing it at retailer “A” versus at retailer “B” will result in a truly free upgrade (except those noted above).

And one last bit of bad news.  Some customers who purchased computers since June 26, the start of the free upgrade qualification period, will not qualify for a free upgrade to Windows 7 no matter what, and different procedures and costs apply to purchasers of boxed Windows Vista:

*MOUSE PRINT:

• Computers with Windows Vista Basic are excluded from the program;
• Computers with Windows XP (except for the Professional Vista version downgraded to XP) are also excluded.  That means virtually all purchasers of netbooks will not get Windows 7 free.
• Purchasers of boxed Windows Vista software versions higher than Basic since June 26 must process their upgrade requests through Microsoft at a cost of $9.99 for shipping and handling.

No doubt, the charges that some computer purchasers will be asked to pay for their “free” upgrades will come as a big surprise.

In the bedding industry, a “king size” pillow is typically 36 inches long by 20 inches wide. And that is exactly what most consumers would expect when buying this twin pack of king pillows, particularly since the bag is labeled KING KING KING and the exact dimensions are right there on the package:

Upon taking the pillows home from Costco, MrConsumer noticed that these king size pillows seemed noticeably smaller than the old ones they were replacing.  And checking the manufacturer’s “do not remove on penalty of death” Tyvek tag that was sewn onto the pillow itself confirmed the observation and revealed a surprise:

*MOUSE PRINT:

The pillow was indeed two inches shorter than standard king size length and two inches shorter in width. Worse, when actually measuring the length of the pillow, it wasn’t even the 34 inches represented on the legal tag, it was even shorter — 33 inches (and that was stretching the material as taut as physically possible):

Mouse Print* contacted Costco’s PR department for an explanation. Shortly thereafter, a representative from the pillow’s manufacturer responded, in part:

The pillows you are referencing are not sub standard size but rather the top of the line and one of the best values in the market. The law tag you are referring to should have stated the size as 18”x34”x2”. The 2” refers to the size of the gusset on this pillow and as is our industries practice included in the total dimensions. As a company we felt it would be more confusing to the customer stating the dimensions as 18”x34”x2” on the polybag. This type of pillow has been sold by us for years and this is the first complaint we have ever received regarding the size.

The fact that the pillow had a side gusset didn’t seem relevant to the issue of the pillow’s shorter length and width, so further inquiry was made of the manufacturer. The representative responded:

In order for the pillows to fit in standardized pillow cases, US manufacturers have to use the total square inches of a pillow in order to size the shell. Once the pillow is placed in a case and the product is compressed (while sleeping), the pillow will expand to the proper dimensions. If not, the product will be too large to fit properly. The US government has also regulated that the actual shell dimensions are to be used on the law tag (a legal document) for compliance. I understand the confusion of conflicting information and maybe we will need to correct the bag moving forward. When measuring the dimensions, they equal, what you are calling a standard size pillow when you include the gusset.

So if you add in the extra height of the pillow, that makes up for the shorter length and width? I don’t think so. Not satisfied that Costco had said nothing about what it was going to do about pillows on its shelves that were in bags marked with dimensions larger than the actual pillows they contained, Mouse Print* prompted the company again for a comment. Their assistant buyer in home textiles responded:

We appreciate your feedback and are indeed reviewing our packaging verbiage addressing the dimensions of our gusseted pillows. Once approved, the revised packaging will be utilized as the current inventory of bags is depleted by our supplier.

One would have expected them to say that in the meantime, they were at least going to put up a sign notifying customers of the discrepancy. Nope.

Now to be fair to Costco and Hollander (the manufacturer), king pillows on the market with gussets are all over the place on sizes. Some say 20 inches by 36 inches on the package and on the sewn-in label. Others put no dimensions on the package and only the word “king”, then show dimensions smaller than 20 x 36 on the label. Still others put 20 x 36 on the package, and a variety of smaller sizes on the label, including 20 x 34 and 18.5 x 34.5.

The best advice if you want a full length king size pillow is to take a tape measure to the store with you because you cannot always trust what the product says.