Year: 2008

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Free Sample: No Obligation to Buy?

pain cream smallWho doesn’t like free samples, right? So when this offer of a free sample of PainVanish pain relieving cream arrived, a Mouse Print* reader was anxious to give it a try.

It promised to bring “freedom from your aches and pains.” And all you have to do is cut out the little “I want relief” sticker and place it on the free sample coupon for mailing back to the company.

There is small print repeated multiple times that says the free sample is just “for trying our ‘No-Obligations-To-Buy’ Service”. While one might reasonably conclude that the sample you are going to get is the way this company will try to induce you to place future orders if you like the product, they have something else planned. This disclosure is on the back of the brochure, not the back of the tear off coupon:

*MOUSE PRINT:

pain cream string

Translation: This is really a “pain cream of the month” club. If you don’t tell them to cancel, a month after your free sample arrives, you will first get a two ounce tube of cream for $14.99 plus unspecified shipping and handling charges, and then every month thereafter you will get a four ounce tube for $24.99 plus shipping and handling. You are not just getting a simple free sample by replying to this offer.

Negative option plans such as this are required to clearly and conspicuously disclose the continuing nature of the offer and to get you to affirmatively agree to it. Whether this disclosure meets that test is for a judge to decide.

This pain relief offer may turn out to be a pain itself if you didn’t read the fine print.

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Sparkle Paper Towels: “Giant” vs. “Big” Roll Reversal

Sparkle

Scanning the supermarket aisles last week, MrConsumer spotted a display of Sparkle paper towels. Some of the single roll packages were marked “Giant Roll” and some of them were marked “Big Roll.”

While the pattern on the towels was the same, and the price was the same, the UPC codes were different. Was one replacing the other?

A quick look at the fine print revealed the difference:

*MOUSE PRINT:

Sparkle

The question was which product was the new one?  As it turns out, the smaller “giant” roll is the new one with six fewer sheets, while the larger “big” roll is the old one.  Who would ever think that the “giant” roll was smaller than “big” roll?

Noting the incongruity between the size names and actual sizes, MrConsumer asked Georgia-Pacific, the maker of Sparkle, the following questions:

“What happened, and why the change, and why the change of name?”

They responded:

Thank you for contacting the Georgia-Pacific Consumer Response Center. Georgia-Pacific places tremendous importance on the feedback we receive from our consumers.

Periodically we change packaging due to marketing decisions, along with other trends in the marketplace. We certainly attempt to keep our packaging fresh and new. Thank you for being a loyal Sparkle Towel user. I certainly hope this information helps and have a great day!

Nothing like a non-answer.

Next time they downsize, maybe the new package will be called “Gargantuan”.

UPDATE: A physical count of the number of sheets on each roll revealed that BOTH had identical amounts — 92 sheets per roll — more than the label indicated. Go figure.

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Levitra Pulls a Boner

On the promotional package of Levitra (a pill like Viagra used to make Mr. Happy stand at attention), the company boldly claims that “Levitra is clinically proven to work for men with erectile disfunction, even those with high blood pressure…”

Levitra

At the bottom of the page is this typical warning:

*MOUSE PRINT: “Please see Important Safety Information on back panel.”

The back panel spells out various possible dire consequences such as erections lasting longer than four hours, and sudden loss of vision or hearing. It also warns:

*MOUSE PRINT:

Levitra

One has to wonder how many people with high blood pressure may have only seen the big print representation that Levitra was seemingly safe for those with high blood pressure, but missed the smaller but stiffer warning to steer clear.

Clarification: The warning is actually a two-part one for those with high blood pressure: (1) For those with high blood pressure but taking drugs to control it, you are advised to consult your doctor before taking this drug; and (2) for those with uncontrolled blood pressure, you are advised not to take the drug at all. This is substantially different on both counts from the unqualified advertised claim that Levitra is suitable for people even with high blood pressure.