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Magellan’s GPS Takes a Shortcut on Lifetime Benefits

When Donald K. went to update his Magellan GPS with the latest map, he got a nasty surprise. Despite being advertised as coming with “FREE lifetime map updates,” he was informed that his unit did not qualify.

Magellan GPS

Seems pretty unambiguous, right? “Free lifetime map updates.” “Never worry about out-of-date maps again.”

However, farther down the page on Magellan’s website is an inconspicuous disclosure.

*MOUSE PRINT:

Lifetime = 3 years

Magellan astonishingly defines “lifetime” as just “three years” from the date of manufacture. That is certainly not how the average consumer would define lifetime. Nor how the Federal Trade Commission wants its definition disclosed:

§ 239.4 “Lifetime” and similar representations.
If an advertisement uses “lifetime,” “life,” or similar representations to describe the duration of a warranty or guarantee, then the advertisement should disclose, with such clarity and prominence as will be noticed and understood by prospective purchasers, the life to which the representation refers.

And the FTC also bans the deceptive advertising of guarantees.

Clearly, the disclosure that Magellan makes is not conspicuous, nor in close proximity to their “lifetime” claims. Further, their warranty is really a specified term of years — three — and not an unlimited warranty time-wise as the term “lifetime” implies.

Making the lifetime to which the warranty applies to the device’s own lifetime is circular reasoning. In essence that says the device will last only as long as it will last and then you’re out of luck. And in Magellan’s case, they are even cutting that short.

We asked a spokesperson for the company why they continue to use the misleading term “lifetime” to describe their three-year warranty, and whether they will grant access to map updates to purchasers who feel they were deceived. Here is their response:

We sincerely apologize for any confusion we may have caused to consumers about “lifetime maps” on our Magellan GPS devices. Typically with electronics, “lifetime” refers to the useful lifetime of the device, and for most GPS devices the useful life is about 3 years. Magellan honors customer requests for lifetime map updates as long as the device is still capable of being updated. For support, please visit https://service.magellangps.com/ [and fill out the “contact us” form].

One can only wonder what she meant by saying the device has to be “still capable of being updated” rather than simply saying that as long as the device was still functional they will provide map updates.

Thanks to John Matarese of WCPO-TV for the original story idea.

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When It Comes to Yogurt, Size and Ingredients Matter

Have you read any good yogurt labels lately? You may be in for a surprise.

Here is the 6-oz. container of Yoplait Original strawberry banana yogurt:

Yoplait 6-oz

It is made with real strawberries and bananas, just as the front label depicts.

Thrifty shoppers, however, may find it more economical to buy the quart size container of Yoplait Original strawberry banana. But, they will get less than they bargained for.

*MOUSE PRINT:

Yoplait 32 oz

Checking the ingredients, all the real strawberries and bananas disappeared! While it does say “smooth style” on the front of the label, one might have reasonably assumed that they merely blenderized the fruit into the yogurt to create a uniform, smooth texture.

Nope. And the fine print of the front of the label doesn’t help much either. It says, “flavored with other natural flavor,” which might to the average shopper merely convey that other flavors are also mixed in.

Not to be outdone by this bit of yogurt trickery, once upon a time, Yoplait made a line of Yoplait Whips for the Girl Scouts evoking the flavors of some of their bestselling cookies.

Here is Yoplait’s Girl Scouts “peanut butter chocolate” Whips… but something is missing.

*MOUSE PRINT:

Yoplait peanut butter

According to the ingredients, there is no peanut butter in Yoplait’s peanut butter chocolate yogurt.

We asked General Mills, the maker of Yoplait, about the labeling of these two products. In particular, why different sizes of seemingly the same product did not have the same contents, and why they don’t more accurately describe the product on the front of the container. The company did not respond.

FDA regulations unfortunately allow manufacturers to play games with how product flavors are labeled, even to the point of permitting none of the depicted ingredient to actually be present in the product.

(i) If the food is one that is commonly expected to contain a characterizing food ingredient, e.g., strawberries in “strawberry shortcake”, and the food contains natural flavor derived from such ingredient and an amount of characterizing ingredient insufficient to independently characterize the food, or the food contains no such ingredient, the name of the characterizing flavor may be immediately preceded by the word “natural” and shall be immediately followed by the word “flavored” in letters not less than one-half the height of the letters in the name of the characterizing flavor, e.g., “natural strawberry flavored shortcake,” or “strawberry flavored shortcake”.

This is called consumer protection?

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Is Canada Dry Ginger Ale Made With “Real Ginger”?

Multiple lawsuits recently alleged that Canada Dry ginger ale was not the real thing because it did not contain “real ginger” as the label proclaimed.

Canada dry

*MOUSE PRINT:

ingredients

The ingredients statement says that it contains “natural flavor” but tests done by the plaintiffs indicate that the soda did not contain key components one would normally find in ginger root. Further analysis concluded that it only contained two parts per million of ginger extract.

In the settlements agreed to last month, Canada Dry is still allowed to say “made with real ginger” but only if that statement is modified with words like “flavor” or “extract.”

Examples of permissible label claims: “real ginger taste,” “made with real ginger extract,” “real ginger flavor,” “flavor from real ginger extract,” and “natural ginger flavor.” The Permanent Injunction shall also include court-approved use of “ginger extract,” “natural ginger flavor extract,” “natural ginger extract,” “natural ginger flavor,” or “ginger flavor” in the label ingredient line.

Would you catch those nuances?

Consumers who purchased Canada Dry ginger ale are entitled to modest compensation. Without proof of purchase, you can get 40 cents a can/bottle, up to $5.40. With sales receipts, you can get reimbursed at the same rate for up to 100 units.

After the settlement becomes final, you can file a claim here.

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