Edgar (aka MrConsumer)

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Does Poland Spring Water Really Come From a Spring?

Here we go again. A lawsuit, originally filed in 2017 (but recently amended) against Poland Spring maker Nestle has been given the green light to proceed by a federal court.

Poland Spring

Plaintiffs allege in a 325-page complaint that Poland Spring water is not “100% natural spring water” as the label claims because it doesn’t really come from a natural spring. Rather, they say, it is groundwater that comes from a series of man-made springs. They contend the original Poland Spring in Maine ran dry in the 1970s.

For its part, Nestle says that Poland Spring water comes from eight different springs in Maine that meet the FDA’s definition of “spring water.”

…water derived from an underground formation from which water flows naturally to the surface of the earth may be “spring water.” Spring water shall be collected only at the spring [with] a natural force causing the water to flow to the surface through a natural orifice. –FDA regulations

Their website seems to protesteth a little too much for an innocent company by providing detailed information about the source of their water, including a map.

The judge in the case wasn’t buying some of the company’s arguments. For example, lawyers for Nestle asserted with a straight face in a prior hearing that the result of a previous lawsuit about the true source of Poland Spring water put the current plaintiffs on notice that the company’s claims might be false (and thus they can’t now contend that they were duped). This argument ranks right up there with a standard legal defense used by company lawyers in false advertising cases — “No reasonable consumer would believe the outrageous claims made in our advertising.”

So, it will be up to a court to decide whether the billions of dollars consumers have spent for Poland Spring water over the years was based on a false premise.

Hat tip to TruthinAdvertising.org for the lawsuit link.

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Cheez-it Cheats-it on Whole Grains

Snack foods don’t have a good reputation when it comes to healthfulness. So, it is no wonder that their manufacturers often try to come up with ways to make them seem healthier.

A few years back, Kellogg came up with a way to make Cheez-its appear to be a more healthy snack. They introduced “Whole Grain Cheez-its.”

Whole Grain Cheez-it

Some packages said “whole grain” others said “made with whole grains.” But the problem was in the fine print.

*MOUSE PRINT:

Listed first in the ingredients statement on the side of the box was plain old “enriched white flour.”

The Center for Science in the Public Interest sued Kellogg back in 2016 for deceptive practices and false advertising.

The lower court said the box was not misleading. So, the plaintiffs decided to let the chips fall where they may and appealed the case. And the appeals court this year reversed the lower court and ruled:

“Whole Grain” and “Made with Whole Grain” statements are “misleading because they falsely imply that the grain content is entirely or at least predominantly whole grain, whereas in fact, the grain component consisting of enriched white flour substantially exceeds the whole grain portion.”

“…a reasonable consumer should not be expected to consult the Nutrition Facts panel on the side of the box to correct misleading information set forth in large bold type on the front of the box.” … “Plaintiffs plausibly allege that the Nutrition Facts panel and ingredients list on whole grain Cheez-Its—which reveals that enriched white flour is the predominant ingredient—contradict, rather than confirm, Defendant’s ‘whole grain’ representations on the front of the box.”

So the case is being sent back for a full trial.

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Thanks for Nothing, 2019 – Part 1

“Thanks for Nothing” spotlights advertising that seemingly promises a great deal, and then lets you down big-time, or makes a product claim that proves untrue, or just makes you scratch your head and laugh.

Example 1:

Buy Dig is an online seller of electronics and other goods. Recently they advertised a pretty high-value coupon online, $50 off.

$50 off

However, if you click-through to see the actual deal, you would no doubt be disappointed.

*MOUSE PRINT:

$2000 purchase required

To save that $50, you have to make a $2000 purchase, saving a mere 2.5% off. Thanks for nothing, Buy Dig.

Example 2:

The problem with this Aunt Jemima syrup doesn’t even require you to read the fine print ingredients statement.

Butter syrup

What? Contains no butter? Thanks for nothing, Auntie.

Example 3:

Nothing turns shoppers off like high shipping costs, but this example takes the cake.

high shipping costs

A cheap, small plastic bottle costs over $18 to ship and the tax is three times the item’s price? Thanks for nothing.

Example 4:

Finally, if you want a quick meal, ramen noodles are about as fast as you can get, and dirt cheap in this offer. The trouble is you could starve before your order arrives.

ramen noodles

Thanks for nothing, Amazon

If you find an offer suitable for a “Thanks for Nothing” mention, please submit it to edgar(at symbol)MousePrint.org .