Mouse Print* – Page 83 – Exposing the strings and catches buried in the fine print.

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Slack-Fill Case Against Barilla Dismissed

July 5, 2021 by Edgar (aka MrConsumer)

Five years ago, a group of New York consumers sued Barilla claiming that their pasta packages were misleading. In their complaint, they demonstrated that the company used the same size boxes even though the contents varied from 12 to 16 ounces.

*MOUSE PRINT:

Putting 12 ounces of spaghetti in a box made for a full pound can well be classified as “slack fill.” That term refers to the nonfunctional empty air space in a product package that can lead shoppers to believe they are getting more content than they actually are because of the size of the package. Most boxed pasta sold is 16 ounces.

We thought this case had been settled in 2019 as we reported at the time because they seemingly came to agreement to have the company place a disclosure and a fill-line on each box. But recently the plaintiffs dismissed their case against Barilla without explanation. We asked two law firms involved in the litigation why the case was withdrawn but neither responded. The lead attorney on the case passed away in January, so perhaps that is a reason.

Using underfilled pasta boxes is not only an issue with Barilla products but with other name and store brands as well. The lesson: don’t assume you are getting a full pound… read the net weight statement.

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Peloton’s $4000 Treadmills Bricked Unless Owners Pay $39/mo Fee

June 28, 2021 by Edgar (aka MrConsumer)

Tread+ Imagine buying a $4,000 treadmill and then being told unless you buy an online membership program for $39 a month, the company will disable the machine, making it a very expensive doorstop.

That is exactly what Peloton, the maker of high-end exercise devices, including the recently recalled $4000 Tread+ treadmill, is doing to its customers who own this model.

The company had to come up with a fix to keep young children from turning on the machine and accidentally getting sucked under its moving belt. So, they now require entering a password on the treadmill’s screen to operate it. And the unit will also stop functioning after 45 seconds of inactivity. To start it up again, the user has to re-enter the passcode.

But there’s just one problem.

*MOUSE PRINT:

Apparently, to implement the operation of the new locking and password mechanism, a recent software update removed the “Just Run” option from users’ screens. That mode lets users operate the treadmill without the online interactive features and classes that have made the brand so popular.

So, how do users get to use the machine on their own AND have the safety features enabled? They have to buy a $39 a month membership.

Email sent to Business Insider from unhappy owner

Customers have taken to the Internet to complain that in essence Peloton is bricking their exercise equipment if they refuse to sign up for a membership.

A spokesperson for Peloton has said in published reports since the controversy erupted that it is working on updates to its software to remedy the problem. Upset users are considering suing the company if a fix is not forthcoming.

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Hey Breyers, Where Are the Vanilla Beans?

June 21, 2021June 21, 2021 by Edgar (aka MrConsumer)

MrConsumer is lactose intolerant and therefore is limited in his choice of ice creams. His go-to bargain brand has been Breyers Lactose Free. But he was in for a surprise a couple of weeks ago when he switched back to the vanilla variety after having been buying the chocolate version for about a year.

Breyers has advertised on TV for years that it uses real vanilla beans in its natural ice cream:

Note: this ad is not for their lactose-free product

Although a large scoop with flecks of vanilla beans was prominently pictured on the top, front and back panels of the Lactose Free Vanilla carton that MrConsumer bought, upon opening it, none was to be found. This is contrary to past practice for this variety.

*MOUSE PRINT:

Breyers lactose free vanilla open container

There has been a huge run-up in the price of vanilla in the past year. Could Breyers be cutting corners by leaving out the flecks? We asked Unilever, the maker of Breyers, about that as well as why the container depicts the flecks but there were seemingly none inside. Neither the company nor its PR firm has responded to three inquiries.

From a consumer standpoint, showing one thing on the packaging but delivering something different inside is a pictorial misrepresentation, and can be considered an unfair or deceptive practice under state consumer law.

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