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June 8, 2020

Where’s the Honey in Honey Bunches of Oats?

Filed under: Food/Groceries,Health,Retail — Edgar (aka MrConsumer) @ 5:43 am

Please Help Support Mouse Print*

Edgar Dworsky For 25 years, Consumer World, the creator of Mouse Print*, has served readers with the latest consumer news, money-saving tips, and independent investigations. It is your generosity (and not advertising nor corporate contributions) that keeps Mouse Print* and Consumer World available as free consumer resources. So MrConsumer turns to you and humbly asks for your support again this year. Your gift will be most appreciated.


Honey Bunches of OatsFor years, we’ve all seen the commercials for Post’s Honey Bunches of Oats cereal where the female assembly line worker waxes poetic about her crispy crunchy bunches.

Last year, a health-conscious California consumer bought a box of this cereal thinking that honey would be a more healthy sweetener to have rather than sugar or corn syrup. Soon thereafter he learned (probably from a class action lawyer rather than a nutritionist) that the product in fact had almost no honey.

A check of the ingredients statement on the side of the package revealed the not-so-sweet truth.

*MOUSE PRINT:

Honey Bunches of Oats Ingredients

There are three other sweeteners in the product — sugar, corn syrup and molasses — all of which are in greater amounts than any honey. In fact, there was more salt in the cereal than honey. (Barley malt extract is also a sweetener, incidentally.)

So our consumer sued Post claiming false advertising and misrepresentation. He believed the packaging conveyed the impression that honey was either the only sweetener or certainly a significant one in the product.

Post argued among other things that no reasonable consumer would understand that the cereal’s packaging was making a claim about the amount of honey in the product. MrConsumer always loves when a company tries to assert that only stupid consumers would believe the baloney the manufacturer shows and tells them right on the package.

The company asked the judge to dismiss the case, but she sided with the consumer in her procedural decision.

In applying the reasonable consumer standard, however, the packaging must be considered in context. That is, the image of a radiating sun, the words “HONEY BUNCHES OF OATS,” and the honey dipper dripping honey occupy about two-thirds of the front of the packaging. Although the package does not make any objective representations about the amount of honey in the cereal, a reasonable consumer could see the prominent honey-related words and imagery and be deceived into thinking the cereal contained relatively less refined sugar and more honey. If so misled, the reasonable consumer is not expected to pick up the product and examine the fine print of the ingredient list. –Judge Yvonne Gonzalez Rogers, U.S. District Court

And so the case moves forward. We’ll keep you “Posted,” so to speak.




• • •

May 4, 2020

How Unscrupulous Sellers Mislead on Shipping, Country of Origin

Filed under: Health,Internet,Retail — Edgar (aka MrConsumer) @ 5:52 am

Please Help Support Mouse Print*

Edgar Dworsky For 25 years, Consumer World, the creator of Mouse Print*, has served readers with the latest consumer news, money-saving tips, and independent investigations. It is your generosity (and not advertising nor corporate contributions) that keeps Mouse Print* and Consumer World available as free consumer resources. So MrConsumer turns to you and humbly asks for your support again this year. Your gift will be most appreciated.


In his quest to find protective masks after Amazon and eBay removed most of their listings on account of price gouging, MrConsumer turned to AliExpress — the eBay/Amazon of China.

While masks there were likely double or triple their pre-pandemic prices, some third-party sellers on the site offered fast four to seven day delivery from sources in the United States (at a higher price than the same masks if shipped from China).

AliExpress Mask Ad

So MrConsumer ordered these masks on April 11. The package was shipped two days later with a USPS tracking number from New Jersey and should certainly arrive in Massachusetts in just a matter of a day or two, or so I thought.

*MOUSE PRINT:

Shipping confirmation

While the USPS tracking number was issued on April 13, two days after ordering, as of May 4 – three weeks later – the post office still had not received the package from the company.

The tracking information screen showed that the item was being shipped from one United States location to another, however, a hidden tracking number indicated the real origin was China. See that inconspicuous link at the bottom that says “Data Provided by CAINIAO?” That takes you to a Chinese shipping company with the real tracking information.

*MOUSE PRINT:

Chinese tracking

The package was actually shipped from Shenzhen, China on April 21 — 10 days after the order was placed, and three days after it should have already been received.

What is going on here? It appears that this company and others that play this game on AliExpress, eBay, and perhaps Amazon Marketplace, make customers believe their shipment originates domestically when in fact it is coming from overseas. A USPS shipping and tracking number is issued at the outset to further mislead customers about the shipping timing and origin. At some point, either in China or when the package arrives in the US at the transfer point, the USPS label is slapped on the package indicating the final leg of its journey to the customer.

MrConsumer used the AliExpress dispute process because the goods had not been received during the buyer protection period. The company authorized a full refund on May 2.




• • •

April 13, 2020

Deceptive Email Subject Lines Mislead Consumers

Filed under: Health,Retail — Edgar (aka MrConsumer) @ 5:46 am

Please Help Support Mouse Print*

Edgar Dworsky For 25 years, Consumer World, the creator of Mouse Print*, has served readers with the latest consumer news, money-saving tips, and independent investigations. It is your generosity (and not advertising nor corporate contributions) that keeps Mouse Print* and Consumer World available as free consumer resources. So MrConsumer turns to you and humbly asks for your support again this year. Your gift will be most appreciated.


With restaurants across the country closed, many hungry housebound people may be ordering takeout or getting home delivery from their favorite eaterie. And to get their share of business, restaurants are sending us enticing emails to increase business.

Promoting $5 or $10 off your next order is a great deal and a common theme of these offers. But, when you open the email the offer is not quite what you envisioned.

*MOUSE PRINT:

Panera $5 off

So, only if you spend $40 or more at Panera, will they give you $10 off.

 

*MOUSE PRINT:

$5 off Qdoba

MrConsumer’s hope that he could get an $8 burrito from Qdoba for only $3 with this $5 off offer was dashed when opening the email to learn that a $25 minimum purchase was required.


Restaurants are not alone in playing this deceptive $5 off game. The leading drug chains, CVS and Walgreens, are both trying to lure in shoppers with their own $5 off offers.

 

*MOUSE PRINT:

CVS $5 off

———————-

Walgreens $5 off

Why can’t these companies just play it straight and say in their subject line “$5 off a $30 purchase” or whatever the minimum purchase is?




• • •

March 30, 2020

Purell Maker Sued for Unsubstantiated Claims

Filed under: Health,Retail — Edgar (aka MrConsumer) @ 6:21 am

Please Help Support Mouse Print*

Edgar Dworsky For 25 years, Consumer World, the creator of Mouse Print*, has served readers with the latest consumer news, money-saving tips, and independent investigations. It is your generosity (and not advertising nor corporate contributions) that keeps Mouse Print* and Consumer World available as free consumer resources. So MrConsumer turns to you and humbly asks for your support again this year. Your gift will be most appreciated.


Purell labelJust at the time when consumers nationwide are clearing the store shelves of Purell comes word that the Food and Drug Administration and several private lawsuits are charging the company with making unsubstantiated health claims for its products.

In January, the FDA sent a warning letter to GOJO Industries alleging that as marketed and advertised PURELL® Healthcare Advanced Hand Sanitizers are unapproved new drugs because of claims like:

  • “Kills more than 99.99% of most common germs that may cause illness in a healthcare setting, including MRSA & VRE”

  • “In a recent study, student absenteeism was reduced by 51% when PURELL hand hygiene products were used in conjunction with a curriculum to teach kids about good hand hygiene[] . . . 10% Less Teacher Absenteeism”

  • “Even though norovirus is highly contagious, there are ways you can reduce the risk of its spread. … Alcohol-based hand sanitizers with at least 60% alcohol can be used in addition to handwashing . . .”

  • “Is PURELL® Advanced Hand Sanitizer Effective Against Ebola? … [WHO and the CDC] are recommending the use of alcohol-based hand sanitizer as a preventive measure during this outbreak . . .”
  • The FDA goes on to say that claims like these suggest that Purell is intended to prevent or reduce disease from Ebola, norovirus, and the flu, but the agency is not aware of any studies that correlate killing bacteria or viruses on the skin with a corresponding reduction of those diseases. As such, because Purell is intended for the “diagnosis, cure, mitigation, treatment, or prevention” of disease and thus by definition that makes it is a drug. And an unapproved new one at that. New drugs need to be FDA-approved before being sold.

    The maker of Purell posted a response to the FDA on its website, saying in part:

    It is our responsibility to ensure that we comply with all requirements of FDA regulations and federal law, and we take that responsibility very seriously. To that end, we have begun updating relevant website and other digital content as directed by the FDA and are taking steps to prevent a recurrence.

    At least three consumer class action lawsuits (most recent one here) have been filed against GOJO claiming consumers were misled because the company made 99.99% effectiveness claims without having reliable substantiation.




    • • •

    February 24, 2020

    Are CVS Customers Better Than Most at Taking Their Pills?

    Filed under: Health,Retail — Edgar (aka MrConsumer) @ 5:42 am

    Please Help Support Mouse Print*

    Edgar Dworsky For 25 years, Consumer World, the creator of Mouse Print*, has served readers with the latest consumer news, money-saving tips, and independent investigations. It is your generosity (and not advertising nor corporate contributions) that keeps Mouse Print* and Consumer World available as free consumer resources. So MrConsumer turns to you and humbly asks for your support again this year. Your gift will be most appreciated.


    Prescription adherence, as it is called, is a real problem. About half of prescriptions issued each year are either not filled or the medicine is not taken correctly. (See report.) So if someone has come up with a more effective method to ensure that patients take their drugs properly, that would be good news.

    Along these lines, a curious new claim has recently adorned CVS circulars that asserts that “CVS customers are better than most at staying on their prescriptions*.”

    CVS better than most

    That asterisk goes to a small footnote on the front page of their advertisement.

    *MOUSE PRINT:

    “Based on 2019 study of national retain chain customer prescription adherence for diabetes, hypertension and hyperlipidemia medications.”

    Checking the CVS website for further details, the following is displayed:

    CVS better reasons

    So, out of curiosity, we asked the CVS PR folks for a copy of the study, who did it and paid for it, how competitors fared, and whether the study explicitly cited the three elements above as reasons for CVS customers’ superior adherence record. The company only responded with this statement:

    CVS Pharmacy worked with an independent third-party firm to study data for the top dispensed prescriptions in the U.S. across different pharmacy competitors. That data was used to create a campaign educating our customers on the benefits of filling prescriptions at CVS Pharmacy.

    All this seems to say is that CVS paid for the study. We are left guessing as to which competitors did better than CVS, and which did worse. But without seeing the actual study, we simply don’t know if the conclusions that CVS drew are substantiated by it.




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