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December 25, 2017

A Sweet Ending to a Nutty Story

Filed under: Food/Groceries,Retail — Edgar (aka MrConsumer) @ 6:18 am

Two weeks ago we told you about a misbranded trail mix product that was labeled as containing primarily almonds, but in fact was mostly peanuts. The manufacturer had quietly substituted the cheaper peanuts when almond prices skyrocketed.

1 cup of trail mix

The retailer that sold the product in MrConsumer’s area, Ocean State Job Lot, was unaware of the ingredients switcheroo by the manufacturer until we pointed it out to them. They took the product off the shelves of their 129 stores in the New England/New York area immediately.

And now they are donating all 3,200+ bags of the mislabeled trail mix to the Greater Boston Food Bank.

That’s a sweet ending to this nutty story.

Not so sweet, however, is the retailer’s reluctance to invite their customers to return the product for a refund or replacement. And we’ll update you if and when the FDA takes any enforcement against the manufacturer.

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  1. Wow! That’s really nice of the retailer to do. I wonder if the retailer has demanded a refund from the manufacturer due to the mislabeling. I hope that the manufacturer is reprimanded in some way, especially financially.

    Comment by Wayne — December 25, 2017 @ 10:30 am
  2. Good on the retailer, but I’ll hold my breath on the FDA taking any action.

    Comment by Lana — December 27, 2017 @ 11:46 am
  3. I hope some attorney files a class action suit, against the mfgr. I am surprised that prior buyers are stiffed by Ocean State – why cannot they return defective products?

    Edgar replies: Purchasers can use the company’s regular return policy and return the product if they have a receipt. The point I was trying to make was that OSJL was not doing any outreach to invite purchasers to return the product. Most consumers probably are completely unaware of the switcheroo of ingredients.

    Comment by dave smith — December 28, 2017 @ 7:50 am
  4. I am a former investigator with the FDA. My experience tells me that the FDA may send the company a “regulatory letter” which will basically say “naughty, naughty, you shouldn’t have done that” and that will be the end of it so far as FDA in concerned.

    Comment by John P — December 28, 2017 @ 12:17 pm
  5. Well, I seriously doubt any person still has the product to return and if they did they won’t hassle over the few dollars it probably cost.

    I think the retailer is perfect here, they are not to blame and seriously doubt they knew anything of it, I don’t think they need to go “above and beyond” and try to even get a hold of anyone that bought the product and tell them they can get their money back. If it was a $100 or more item then maybe so.

    Now, the manufacturer has some things to do, that is for sure.

    Comment by Max — December 29, 2017 @ 8:49 am

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