Edgar (aka MrConsumer)

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Don’t Let a Product’s Name Fool You!

MrConsumer has a toenail problem. Like many people, his toenails have turned brittle, irregular and off-color. He has toenail fungus. Years ago, his doctor said there was a pill for that, but it seemed strange to treat this condition from the inside out (and various articles suggest it is not always effective and takes a long time to work, if at all).

Recently, the most popular over-the-counter ointment brand, Fungi-Nail, ran this TV commercial touting the product.

Seems pretty unambiguous — “Maximum strength Fungi-Nail is so powerful, it cures and prevents fungal infections… Say goodbye to toe fungus with Fungi-Nail.”

But, on the back of the carton, there is a most unexpected disclosure.

*MOUSE PRINT:

Fungi-Nail back

Say what? This product is not for nail fungus? Then why is the product called “Fungi-Nail?” You have to check the FAQ section of the website for that answer.

*MOUSE PRINT:

Fungi-Nail FAQ

So, the name has nothing to do with the function of the product. Nice. And that point is also made at the end of the section on toe fungus on their website:

If you think you have nail fungus, contact your doctor.

So what’s Fungi-Nail good for? Athlete’s foot!

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Midas Hides a Lot of Stuff in the Fine Print

MrConsumer had his oil changed recently at Midas using a prepaid Groupon making it quite a deal at $13.60 all-inclusive. As part of the check-in process there, the clerk provides a standard printout showing the price of the oil change but that my total would be zero because of the Groupon. I signed the form.

When arriving home, I looked at my copy of the receipt and was astonished to discover that those clever guys opted me into receiving promotional text messages. Or more accurately, I unwittingly opted into their advertising and service messages because of the following statement printed on that work order.

*MOUSE PRINT:

Midas consent

Under federal law, a business cannot send unsolicited text messages even to existing customers. They have to first obtain “express written consent.” Did this qualify? The words were not buried because they were at the top of the list in a type size the same as all the other information. But do most customers realize that Midas tucked this unexpected language on a car repair order rather than on a separate consent form. My guess is not.

But MrConsumer had the last laugh because he provided them with his landline phone number.

For customers who were not lucky enough to get the Groupon price, there was a simultaneous Fourth of July promotion for only $17.76.

*MOUSE PRINT:

Midas fine print

Goodness only knows how much these poor people wound up paying when you add on taxes, disposal fee, and a shop fee “not to exceed $35.”

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Haagen-Dazs Allegedly Cuts Corners With Milk Chocolate

Haagen-Dazs is one of the premier brands of ice cream, so it is surprising to hear of a lawsuit alleging that the company is cutting corners on the milk chocolate it uses to coat its ice cream bars.

Haagen-Dazs bars

According to the complaint, the company mixes in coconut oil to the milk chocolate.

*MOUSE PRINT:

Haagen-Dazs ingredients

And under federal regulations, if milk chocolate has an optional ingredient in it like vegetable oil, then it must be labeled as “milk chocolate and vegetable fat coating” or “milk chocolate and ___ oil coating.”

The problem is that Haagen-Dazs doesn’t do that on the principal display panel, but only in the fine print ingredients statement.

As such, the lawsuit contends that consumers are misled, they wouldn’t have paid as much for the product, or would not have purchased it all.

For its part, Froneri, US Inc., the maker of these chocolate bars, said “The labels on our Häagen-Dazs ice cream bar products accurately describe the products, comply with FDA regulations, and provide consumers with the information they need to make informed purchasing decisions.”

Companies have to use an emulsifying agent like coconut oil to more easily coat the ice cream in a hard chocolate layer.

We’ll let you know how the case turns out.

Hat tip to Truth in Advertising for the case.