Retail

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CT Bill Would Require Shrinkflation Notices for Products

shrinkflationA bill to regulate shrinking products was recently filed by the Connecticut Attorney General. It is one of the first of its kind pieces of state legislation in the United States. (Some other countries have laws requiring disclosure when a product is downsized.)

The proposed law in Connecticut does not ban shrinkflation, but is a disclosure law requiring notice to shoppers if a product now contains less than it did but the price has not dropped proportionately.

In particular, it says in abbreviated form:

*MOUSE PRINT:

(Effective July 1, 2025) (a) No vendor shall downsize, or reduce the quantity, amount, weight or size of, any consumer product, unless such vendor: (1) Reduces the price charged for such consumer product by an amount that is commensurate with such downsizing or reduction; or (2) Clearly and conspicuously discloses that such vendor has made such downsizing or reduction during the twelve-month period beginning on the date on which (A) the downsized consumer product is first sold, or (B) the consumer product is first sold in such reduced quantity, amount, weight or size.

That last part is not clear, but what is certain is that the “vendor” has to clearly disclose that the product has been downsized. Missing are details like what form the notice has to take, where it has to be displayed (like on the package or shelf), and what specifically has to be told to the consumer other than the fact that the product now contains less. Presumably regulations by the attorney general’s office will have to be promulgated, and I would advocate that they should require a statement that includes the old size or the percentage reduction in size.

Who is responsible for the disclosure? According to the bill, the “vendor” is. “Vendor” is defined as including the distributor, manufacturer, retailer, supplier or wholesaler. So both the manufacturer and retailer would have responsibility for making the required disclosure.

Good luck getting this bill passed, Connecticut. Expect huge opposition from the businesses affected.

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Valentine’s Day Candy Hearts May Mislead

Little has changed in the Valentine’s Day candy business since we called out companies two years ago for grossly overpackaging their large heart-shaped boxes given the few pieces of chocolate inside.

Perusing the candy aisles last week, MrConsumer found the same large Russell Stover candy heart — 10 inches high — still with only 9 pieces of chocolate inside for $7.99.

*MOUSE PRINT:

Russell Stover heart with 9 pieces of chocolate

You would think, however, that a better brand charging $20 a box wouldn’t play these games. Think again.

*MOUSE PRINT:

Lindt Valentine's heart

This big box of Lindt chocolate isn’t even half a pound and only has 12 pieces. At least some brands are putting the number of chocolates inside right on the front of the box.

Others make you do the math by checking the nutrition facts statement and multiplying the serving size by the number of servings in the package. This Ghirardelli box, which is only 5.5 ounces, has 15 pieces of chocolate. They must be very small. And this large Godiva box has only four ounces of tiny chocolates for $18.99.

*MOUSE PRINT:

Ghirardelli heart

Godiva heart

It seems like manufacturers strive to maximize the box size while minimizing the contents. So don’t let their large packages deceive or embarrass you. Check what’s actually inside before you buy.

And if you find that chocolate hearts are just not your thing this year, the Walgreens online weekly ad has some other gift suggestions for your valentine. Warning: risqué content…not for prudes!

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Sometimes Shoppers Need to Know the Fine Print

MrConsumer is about to do something that he has long warned others was a dumb move — buying a mattress online without having had the benefit of at least trying it in a store.

Who in their right mind does this unless you really don’t care how your bed feels and are willing to risk having a backache for the next 10 years?

In my case, it was the lure of getting a Tempur-Pedic mattress for $1,600 less than the going price at bedding stores. Keep in mind that Tempur-Pedic is a premium memory foam mattress at a super premium price. A mid-grade queen size mattress of theirs is $3,299 — and that is just the mattress not including a foundation. Add about $380 more for that. I’ve never spent more that $500 for a mattress.

Tempur-Pedic bedThe version I am considering is the Tempur-Pedic Supreme, exclusively available at Costco and nowhere else. It is $1,999 with a foundation, and when on sale, there is an additional $300 gift card rebate. Still, $1,700 for a bed is crazy high. Worse, Costco does not have this model on display, so you are buying sight unseen. Even crazier.

To make this a more reasoned purchase, I have been trying to match the specs of the Costco version with the closest model being sold in retail stores. That way I can try the bed in person instead of buying so blindly.

In particular, since memory foam mattresses are made of layers of various types, thicknesses, and densities of foam, I needed to know those particulars. Easier said than done. The Costco website only shows the layers in a diagram, but there are no specifics. And it has been pulling teeth to get a straight answer from the manufacturer, Tempur Sealy, which even has a dedicated helpline for Costco customers.

The first agent said the top foam layer is 2.55″ of Tempur-ES (that’s “Extra Soft”) and the second is 2.55″ of “Tempur material.” He thought the Costco version was most similar to the ProAdapt 2.0 in stores. The second said each of the top two layers was 1.6″ of “Tempur material.” Neither one knew the density (which is key to longevity and the traditional non-springy memory foam feel). I even climbed the executive ladder to ask their head of marketing, but got no response.

Then I found the Tempur-Pedic mattress buyer for Costco in their headquarters purchasing department. He provided the definitive measurements of all the varying layers of foam including that there were two 1.6″ layers of Tempur material on top. That is somewhat similar to the ProAdapt 2.0, which I have tried multiple times in bedding stores.

He could not, however, provide their densities saying that that information was proprietary. I questioned that because one large retailer in the Boston area provides it in their product listings. And in the early days of memory foam mattresses, companies were eager to boast how dense their foam was — often over five pounds.

*MOUSE PRINT:

Tempur-Pedic specs

As it turns out, Tempur Sealy told this Costco buyer that the Boston retailer that disclosed the specific density of the various foam layers did so improperly. Imagine… it is wrong for a consumer-oriented retailer to help buyers understand what exactly they are buying particularly in the case of a blind item like a mattress. Nonetheless those specs provide a valuable clue to the densities of the foam in the Costco version.

So, the quest for trying to be a more informed mattress shopper ends there, with only partial information.

Since Costco just put their Tempur-Pedics on sale in advance of Presidents’ Day, MrConsumer decided to be a purchaser. Let’s hope I don’t live to regret it. At least I am protected by Costco’s unlimited return policy, that according to Tempur Sealy, even causes them to waive their usual $175 return fee both during and after their 90-day trial period.