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Amazon Agrees to Savings Claims Disclosures to Settle DAs’ Lawsuit

In March, a group of pro-consumer California district attorneys sued Amazon about misleading savings claims, and settled the case just one week later. Amazon agreed to pay a $2-million penalty.

For decades, Amazon has advertised fictitious savings from bogus reference prices like “list prices” or “was” prices, making shoppers believe they were saving a bundle by buying from them. In 2017, we reported on a study that demonstrated Amazon was still up to its old tricks despite seemingly having found consumer religion the year before as a result of several lawsuits about their misleading savings claims.

As a current example, in late March 2021, Amazon advertised a Cuisinart hand mixer (HM-90S) for $79.95 — a claimed savings of 45% off the so-called “list price” $145.

Amazon- Cuisinart mixer

But a quick check over at the manufacturer’s own website reveals that Cuisinart itself is selling this very model for the same $79.95, as are a host other big name retailers.

*MOUSE PRINT:

Cuisinart retailers

Worse, Amazon itself has never charged more than $88.94 in the past 10 years for this mixer according to CamelCamelCamel, and a review of the prices being charged for this very mixer at nearly 100 other retailers reveals that no one is charging Amazon’s claimed $145 list price.

As of April 2, surprise, surprise, Amazon actually changed its advertising for this mixer and eliminated the misleading list price:

Changed Cuisinart mixer

UPDATE: Eagle-eyed reader Kim W. visited Amazon on April 5, and discovered the company once again began advertising a savings of 45% for this mixer and it restored the same high list price albeit this time with a “details link” explaining how it was derived.

Under the terms of the just-announced settlement, Amazon is barred from using false or misleading reference prices, and it must include a hyperlink to a “clear and exact definition of the [reference] term” they used and a “statement that the List Price may not be the prevailing market price or regular retail price.”

Our view: Having Amazon tell customers that the reference price they display is not the real prevailing price in the marketplace does nothing to change the misleading nature of their list price savings claims. And it seems to violate the very California law that formed the basis of the DAs’ lawsuit against the company.

Bottom line: If the list price is not the price charged by a reasonable number of sellers, it should not be allowed to be used.

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No Joke: Thomas’ Upsizes Its English Muffins

This story is just in time for April Fools’ Day… but it’s no joke.

It is very rare in the food industry to find a product that has been upsized rather than downsized. But Thomas’ English Muffins recently made their packages a tiny bit larger, going from 12 to 13 ounces for six muffins.

*MOUSE PRINT:

Thomas' English Muffins

We asked the company why they made this unusual move. All a customer service rep would say is that it was a business decision in part because they were getting feedback that the muffins were too small. She could not explain the 25% increase in calories, however.

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Chobani Exaggerated Protein Content of it’s Complete Yogurt

When Chobani advertised that its “Complete” yogurt products contained up to 25 grams of protein, the makers of Dannon yogurt cried foul. Here is the commercial claim in question:

Chobani Complete claim

*MOUSE PRINT:Chobani Complete 3
It turns out that two of the three products shown in the ad did not have 25 grams of protein per serving. They only had 15 and that distinction was not made clear.

So Dannon filed a formal complaint with the National Advertising Division (NAD) of the Better Business Bureau. Before NAD could render a decision, Chobani announced that it would stop making the 25 grams of protein claim about its 5.3 ounces yogurt cups, and make clear that the claim only applied to their 10-ounce shake product.

“Up to” claims are inherently misleading because they highlight the best case scenario and ignore the worst case. That’s why Massachusetts advertising regulations, for example, require both the lowest number and the highest number in a range to be disclosed in equal size type, such as “save 10 to 50 percent” rather than “save up to 50 percent.”