Sunday Ethics Warm-Up, 1/19/2020: In Which The Conundrum Is Posed, “Can A Warmed-Up Warm-Up Still Be Called A Warm-Up?

Hmmmm…

Well, that was strange. Yesterday’s warm-up turned into the long post about Judge Staton’s disturbing dissent, and by the time I had finished it and the previous “fake news” compendium, my window for getting the Saturday Warm-Up up had slammed shut. Today’s Warm-Up is largely made up of the items that were wiped off the board by the Obama-appointed judge’s “whenever the courts really, really think national policy should be different from what it is, they have the power to change it by edict” opinion.

1. Sausage biscuit ethics. I’m fond of sausage biscuits for breakfast, but the 7-11 variety have a garbage-y taste, and the sole local McDonald’s that I’m not boycotting for ethics transgressions is mobbed in the morning. Of the frozen variety, I will not patronize a company, Jimmy Dean, which uses its dead founder as a TV spokesperson without pointing out that he’s dead. Over the holidays, I tried a lesser and much cheaper brand of frozen sausage biscuit, Tennessee Pride, and they were good enough.

Yesterday I bought another box. When I pulled out a bag of two “sausage biscuits,” I saw that the sausage was sitting between two small buns, unlike the contents of the previous box. Buns are not biscuits, but the label on the box read in large type, “Sausage Biscuits.” I did notice, however, that the photo on the box showed buns.

Would that fact be a complete defense against an accusation of false labeling? I doubt it, but it doesn’t matter. “Fool me once” is once too many.

2. Res Ipsa Loquitur: “an informed public.” Twitter user @Golfergirl2018  shared a post she saw on Facebook, written by someone who sympathizes with antivaxx parents (you know…morons) who don’t want to put “chemicals” in their kids. “I think instead of chemical shots the doctors should give a small piece of the virus, so the body can build immunity,” he wrote.

BRILLIANT! Why didn’t someone think of that long ago?

Yes, it is unethical and irresponsible to publish opinions on topics you haven’t researched, don’t understand, and know nothing about. I wonder how many social media posts would survive if this were recognized as a rule of commentary? Continue reading

Candy Packaging Ethics: How Much Air Can A Candy Box Contain Without Being Deceptive?

Peeps Manufacturing

Stephanie Escobar is suing the makers of “Mike and Ike,”  claiming that it is misleading customers by filling nearly half the box with air rather than candy. She bought a box of “Mike and Ike” for  $4 at a Los Angeles movie theater, and was stunned  to find that  46 percent of the it  was filled air, what is known in the business as “slack-fill.”  She checked a box of Hot Tamale candy sold by the same company, and there was only 54% candy in that box too, disappointing her greatly.

Her suit argues candy maker “Just Born Quality” Confections is violating California’s false advertising law, unfair competition law and the consumer legal remedies act.

(This is a separate movie candy ethics issue from the apparently obscene $4 price, much on my mind since on my recent visit to the the theater to see “Fences,” a drink, hot dog and popcorn cost me $19. 85. Movies charge those prices to keep the prices of tickets down, and in the aggregate, that is better for consumers and the theater than charging 20 bucks for the movie and half as much for the junk food.)

Just Born vice president Matt Pye promised a vigorous defense to the “baseless allegations.”“Our products and labels comply with all FDA regulations and provide consumers with the information they need to make informed purchase decisions,” Pye said in a statement.

That rather ducks the issue, doesn’t it? How often have you been shocked that a container is mostly air? Many products, candy notable among them, have been reducing the size of the product sold rather than raising the price. That is fair enough, if one can see what one is purchasing. A box, however, doesn’t permit a consumer to see what’s inside. The argument that the labels are compliant isn’t the same as proving that it’s ethical to have a container that’s twice as large as the the contents require.

Fortunately, I’ve always hated Mike and Ike. AND Hot Tamale. But now I’m wondering about my Raisinettes…

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Pointer: ABA Journal

The F.T.C. vs. the Singing Pirate’s Not-So-Free Credit Reports

What does it say about the futility of federal regulators when the Federal Trade Commission thinks the best way to combat misleading commercials for “free credit reports” is to use taxpayer funds to produce and run a parody of  those ads? That’s right: the government is running TV commercials designed to look like the commercials that try to confuse consumers into using  a costly credit service rather than the government’s free service. Continue reading