Retail

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Are King’s Hawaiian Sweet Rolls Really Made in Hawaii?

That’s the issue raised in a new lawsuit filed by two consumers who said they were misled into believing that King’s Hawaiian Sweet Rolls were manufactured in Hawaii.

*MOUSE PRINT:

King's Hawaiian

These rolls were first made in Hawaii in the 1950s, and eventually they became so popular that tourists would take them back home, or those on the mainland with friends in Hawaii would ask them to send some.

The consumers who have filed the lawsuit say that it was not only the packaging that gave them the impression that these buns came from Hilo, Hawaii, but language on the website that says the company will send the product to the “mainland” (continental US) for free:

King's mainland claim

There are many local and national brand knockoffs of King’s Hawaiian sweet rolls but these consumers paid a premium price which they would not have done but for the fact that they thought they were getting the real thing from Hawaii.

All is not totally sunny in this case for the plaintiffs, however. There is nothing explicitly on the package or on the website that says these buns are “made in Hawaii.” In fact, when reading the history of the company on their website or looking at the back of the package, one learns that their bakery is in Torrance, California.

So, how do you think a judge will rule? Will he or she side with the consumers or declare their claims to be half-baked?

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Neuriva Brain Supplement Is Not “Proven”

Remember this commercial for Neuriva, a recently introduced brain supplement?


The claims in it that Neuriva has “clinically proven ingredients that fuel five indicators of brain performance” became part of a class action lawsuit against the company. The complaint asserted that Reckitt Benckiser, the maker of Neuriva, lacked scientific proof that the product really improves brain functioning.

A review of the relevant scientific literature shows that no valid scientific or clinical evidence exists regarding how much, if any, of Neuriva’s key ingredients reaches the brain. Because of this lack of evidence, Defendants’ claims that Neuriva’s ingredients are scientifically and clinically proven to benefit the brain or enhance brain performance are patently false, as well as are Defendants’ claims that Neuriva has been scientifically proven to be effective. Indeed, no publicly available study of Neuriva exists, and Plaintiffs have found no indication that Neuriva’s efficacy has ever been studied or tested.

The company denied the charges but nonetheless subsequently entered into a proposed settlement agreement which calls for full or partial refunds to consumers and a change in the claims the company makes on the packaging and in advertising. [Purchasers can file a claim here, although the settlement is not finalized yet.]

*MOUSE PRINT:

Neuriva old and new

Put simply, the company agreed to change the word “proven” to “tested” along with other minor wording changes, but only for a period of two years. Frankly, whether it says “clinically proven” or “clinically tested” I think most consumers will still come away with the same net impression that there is reliable scientific evidence backing up the brain performance claims. The proposed settlement has also come under fire from other consumer advocates and court watchers.

The product’s TV advertising has changed already. They now have Miyam Bialik, the actress best known for her roles on Blossom and The Big Bang Theory, and as the future host of Jeopardy!, vouching for the product. What qualifies her for this role? She got her doctorate in neuroscience. Now the company uses that fact to also claim that the product is “neuroscientist approved.”


One thing that hasn’t changed is a disclaimer on the side of the Neuriva package.

*MOUSE PRINT:

Neuriva disclaimer

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Is the Domino’s Random Food Giveaway a Lottery?

Domino’s just launched a huge national advertising campaign promising random customers who place an order using Domino’s own delivery service a chance of receiving some additional free food items with their order.

Domino's free


*MOUSE PRINT:

According to the promotion, one in fourteen customers placing a delivery order will get a freebie along with the food they pay for.

Domino's free

There’s just one problem. Paying a price for the chance at a prize is considered an illegal lottery when conducted by a company even in this context. Oops.

But not so fast. In tiny print in their commercials and elsewhere, those magic words “no purchase necessary” appear as they are required to into order convert what would otherwise be an illegal lottery into a legitimate sweepstakes.

*MOUSE PRINT:

In the official rules, you can send in a request to get a game code by return mail.

B. Request a Code by Mail:
(i) During the Promotion Period, participate without purchase by requesting an entry code (“Code”) by hand printing your name, home mailing address, valid email address, and date of birth on a piece of paper and mailing it along with a self-addressed stamped envelope [emphasis added] in an envelope with proper postage to “Domino’s Surprise Frees Giveaway,” c/o Merkle, Inc., P.O. Box 5005, Department 848994, Kalamazoo, MI 49003-5005.

So, for your expenditure of $1.10 for postage both ways (soon $1.16), once you receive the code, you will have a 1-in-14 chance of winning an e-gift card worth $13.49.

For those who make purchases anyway from Domino’s, potentially getting free food with your order is a nice extra benefit. But for those who want to play the game for free, it is just a roll of the dice, so save the postage.