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This Is Extra Virgin Olive Oil, Right?

One of our readers, Mark H., was shopping for olive oil in his local supermarket and came upon this product:

Fiero evoo blend

It looks like extra virgin olive oil. On closer inspection, under those words in smaller type it says “original blend.” What does that mean? Is it mix of various extra virgin olive oils, or some of it is extra virgin and some of it is something else?

The back of the bottle at least partially answers the question.

*MOUSE PRINT:

ingredients

The ingredients statement, which is required to list the contents in the order of predominance, indicates the product is mostly canola oil, followed by vegetable oil, and lastly extra virgin olive oil. A call to the company’s sales department revealed that the actual amount of olive oil in the product is “up to 15 percent.”

That revelation would probably come as a surprise to most shoppers because of how the product is labeled on the front of the bottle.

The Food and Drug Administration has regulations with relevant labeling requirements:

21 CFR 102.37

The common or usual name of a mixture of edible fats and oils containing less than 100 percent and more than 0 percent olive oil shall be as follows:

(a) A descriptive name for the product meeting the requirements of 102.5(a), e.g., “cottonseed oil and olive oil” or another descriptive phrase, and

(b) When the label bears any representation, other than in the ingredient listing, of the presence of olive oil in the mixture, the descriptive name shall be followed by a statement of the percentage of olive oil contained in the product in the manner set forth in 102.5(b)(2).

21 CFR 102.5

(b) The common or usual name of a food shall include the percentage(s) of any characterizing ingredient(s) or component(s) when the proportion of such ingredient(s) or component(s) in the food has a material bearing on price or consumer acceptance or when the labeling or the appearance of the food may otherwise create an erroneous impression that such ingredient(s) or component(s) is present in an amount greater than is actually the case…

In short, the rules seem to say the name of the product should not be misleading as to the amount of olive oil in the product, and the percentage has to be stated when it is a blend.

We asked the company, Terra Mia, some pointed question. Their President responded saying they are changing the label of this product this coming August when supplies of the old ones run out. We also requested a copy of the new one, but never received it.

In our view, since consumers rely on product labeling and this one so crosses the line, we filed a formal complaint about it with the FDA.

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Google Ran An Illegal Lottery — And We Got Them to Stop

Last Wednesday evening, Google sent out an email to Google Assistant customers announcing a sweepstakes to win a free Google Home Max speaker.

Google email

To get your chance to win, you had to either buy a 2-pack of Google Home Minis smart speakers yourself (or anything else from the Google store), or get a friend to buy two using a special link that would secure your entry. At the bottom of the offer was a terms and conditions link with the contest rules.

*MOUSE PRINT:

Despite the rules saying multiple times “no purchase necessary” to enter the sweepstakes, they provided no free means of entry. You or someone else had to make a purchase for a chance to win. And that makes this an illegal lottery, against federal law and the gambling laws of virtually every state. “Paying a price for the chance of a prize” is the classic definition of a lottery. To convert an illegal lottery into a legal sweepstakes, the promoter must always include a free means of entry.

But Google didn’t do that.

We wrote to their PR folks about 12 hours after their email was sent, contacting both Google and its parent company, Alphabet, pointing out the problem and asking how they were going to remedy it. By that evening Google sent out a new email to customers entitled “Update to Home Max Sweepstakes.”

Google Revised Email

Miraculously, all mentions of a purchase being necessary disappeared from the promotion. And the sweepstakes rules were changed to include an additional alternate means of free entry.

*MOUSE PRINT:

Google updated sweepstakes rules

Did Google or Alphabet reply to our email, or even send a note of appreciation for getting them out of potential legal hot water? Nope.

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This Smartphone is Waterproof, Right?

To tease the introduction of its new smartphone, OnePlus is running this new commercial touting how waterproof they are:



Rather than go through an expensive internationally recognized test to determine the degree to which its phones resist water and dust penetration (an “IP rating”), the company just drops its phones in a bucket of water.

There’s just one problem with their cheap method to convey that their phones are waterproof or water-resistant. It’s in the fine print that you probably can’t read in the commercial.

*MOUSE PRINT:

OnePlus fine print

With a disclaimer that small, and only on the screen for three seconds, no wonder you can’t read it. It says:

Products not IP certified. Water resistant under optimal test conditions. OnePlus makes no guarantees regarding water/liquid resistance. Water/liquid damage not covered under product warranty.

Then why the heck, OnePlus, are you representing visually that your phones can be safely dunked in water? (The company never replied to our inquiry.)

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