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How Cheesy Can You Get?

MrConsumer found a lactose-free parmesan cheese substitute at his local supermarket, and decided to try it.

gratedcheese1

Beside bearing more resemblance to sawdust in flavor than grated cheese, the package contained another surprise. Had MrConsumer been Superman, he could have used his x-ray vision at the store and discovered that the container was only about 60% filled.

*MOUSE PRINT x-ray:

gratedcheese2

Regulations of the Food and Drug Administration call this “slack-fill.”

*MOUSE PRINT:

Subpart F–Misbranding for Reasons Other Than Labeling

Sec. 100.100 Misleading containers.

In accordance with section 403(d) of the act, a food shall be deemed to be misbranded if its container is so made, formed, or filled as to be misleading.
(a) A container that does not allow the consumer to fully view its contents shall be considered to be filled as to be misleading if it contains nonfunctional slack-fill. Slack-fill is the difference between the actual capacity of a container and the volume of product contained therein. Nonfunctional slack-fill is the empty space in a package that is filled to less than its capacity for reasons other than:
(1) Protection of the contents of the package;
(2) The requirements of the machines used for enclosing the contents in such package;
(3) Unavoidable product settling during shipping and handling;
(4) The need for the package to perform a specific function (e.g., where packaging plays a role in the preparation or consumption of a food), where such function is inherent to the nature of the food and is clearly communicated to consumers; [(5-6) omitted; 21 CFR 100.100]

A check of another container revealed a similar slack fill. It is unclear whether the contents did or did not weigh the labeled eight ounces. Without more facts, one cannot determine whether this package violates the law, but it sure might annoy most purchasers.

[Note: The next new Mouse Print* story will be published on Monday, November 30.]

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The Limits of Unlimited Cell Service

More and more cell companies are advertising unlimited service packages these days. Here’s one from a company you have never heard of:

unlimited

Their “unlimited” plans range in price from $39.99 to $69.99. So do they really give you “unlimited” service?

*MOUSE PRINT:

From their FAQ:

Q: Is there a cap on the unlimited program. A: Yes, the unlimited Local & LD Plans are capped at 10,000 minutes per month.

Q: How many text messages can I send per month? A: Unlimited Text Messaging is capped at 30,000 per month.

Q: How much data can I use on the unlimited program? A: Unlimited MMS, Internet & Data is capped at 5 Gig

Ten thousand minutes of talk time sounds like a lot, but it really is only about 5.5 hours a day.  Some business people may in fact be on their phone longer than that.  At least they disclose the actual limits of their “unlimited” service, unlike most of the big brand name cell companies that make you hunt through their terms and conditions to find out that their unlimited service is subject to (sometimes unstated) limits. 

Realistically, while most users won’t go over these limits, that should not give a company the right to call a service unlimited when it is not.  From a consumer protection standpoint, no company should advertise “unlimited” service unless it actually is that.

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Sears: They Only Call it a Refrigerator

Walletpop reports that a senior citizen recently bought one of those mini dorm-size refrigerators from Sears, and was having a problem. Her food was spoiling after only a day or two, as the interior temperature of the refrigerator reportedly hovered between 50 and 65 degrees, and higher on hot days.

When she contacted Sears, the consumer recounts, “a technician who handles warranty service for Sears told me it is quiet because there is no compressor in it and it cannot keep food cold enough to eat safely if there is no compressor.” Please visit Walletpop for the rest of her tale, and learn whether Sears gave her any money back.

Here is how Sears promotes this refrigerator on its website:

searsfrig

It is described in part as:

This Thermoelectric refrigerator chills your food without noise and vibration. You’ll never notice it’s there until you need a snack! With no harmful refrigerants, this quiet, compact, thermoelectric refrigerator will be enjoyed and appreciated by everyone.

It is nice to know that this appliance has no harmful refrigerants, but it does have something worse.

*MOUSE PRINT: The disclosure that is missing in that product description is that it is not safe to store perishable food in this “refrigerator.” According to the Food and Drug Administration, refrigerators should be kept at 40 degrees or below, which this appliance is apparently unable to do.

The FDA goes on to say:

“The goal is to keep yourself and others from being sickened by microorganisms such as Salmonella, E. coli O157:H7, and C. botulinum, which causes botulism. Keeping foods chilled at proper temperatures is one of the best ways to prevent or slow the growth of these bacteria.” –FDA

Given the limitations of this unit and the potential illness it could cause, it seems to us that Sears should pull these units off the market or clearly label them as “coolers” along with appropriate warnings that perishable food should not be stored inside for more than a few hours. It would also seem appropriate that Sears either warns existing purchasers of the potential danger of these units or recalls them.

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