Health

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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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Gov’t Video on Mask Decontamination Disclaims Its Own Advice

With the shortage of PPE continuing in some areas, the Department of Homeland Security just released an instructional video on how to decontaminate N95 masks at home so they can be reused.

They want you to cook them in a paper bag over simmering water in an Instant Pot (a Crock-Pot-like slow cooker). MrConsumer is not making this up.

Before the instructional part of the video begins, however, Uncle Sam tries to socially distance himself from you if their method backfires.

*MOUSE PRINT:

N95 decontamination disclaimer

It basically says that the federal government doesn’t guarantee this system will work, and if it fails or you screw up, don’t blame us because you have assumed all the risk.

I wonder where they got the idea to have people waive their rights if they get sick?

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Where’s the Honey in Honey Bunches of Oats?

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.