“Let the buyer beware!”

Comment Of The Day: “Unethical Website Of The Month: Etsy”

/ Jack Marshall / 3 Comments

Commenter Benjamin has a supple metaphorical pen, and this Comment of the Day, on the previous post regarding the open market platform Etsy selling facemasks as porous as cheesecloth is a blast. I’ll be back at the end to explain why it’s also a crock, but for the nonce, here is Benjamin’s Comment of the Day on the post, “Unethical Website Of The Month: Etsy”:

I oppose that modern compulsion to demand oversight of every man, woman, and child which blames every proximate business or municipality for every loophole it can find not as though a new opportunity has been found but as though this was malfeasance not to have thought to cover every possible route of escape. Etsy likely sees itself as a platform for individual sellers who found a way out of their over-managed corporate bureaucracies, not as an over-managing corporate employers of every seller on its platform. I applaud this model, knowing that other one from the inside with no realistic hope of escape. I could imagine an argument that Etsy must become this wretched, undesirable other thing which creeps throughout the world looking for life and happiness to strangle, but arguments from the presumption that it already is that thing are arguments from an untrue premise. Continue reading →

Ethics Quiz: The Dog-Poisoners [UPDATED]

/ Jack Marshall / 50 Comments

This is, I know, a poor topic for Christmas, but it just came down the chimney.

While shopping yesterday, we encountered a man who lived in the neighborhood. Rugby had enjoyed conversing with the two dogs owned by the man and his wife, two friendly, lively min-pins. As shoppers bustled around us, our neighbor announced that he was more our neighbor than ever: he and his wife had moved from where I had met them to a home less than a block away from ours, on the long street that our cul de sac opens onto. The reason for the move: their next-door neighbor had poisoned their dogs. One had survived.

Our neighbor said that they had called the police, who investigated. Based on motive (the there had been a property dispute, and the resulting law suit had gone our friends’ way), opportunity, and the demeanor and comments the police got while questioning the suspects as well as accounts about their threats and general sociopathic tendencies from others on the street, the police reported that they were pretty sure my neighbors’ neighbor were the culprits, but that they did not have sufficient evidence to make an arrest.

This story had unpleasant resonations for me. My Dad, when he was a 10 year-old only child being raised by a single mother during the depression and having to move to new neighborhoods constantly, owned a large, loyal Airedale named Bumbo. One day someone put ground glass in his beloved dog’s food dish, and my father had to see his best friend die in agony in his arms. It was one of the great tragedies of his life. His mother was certain who had killed the dog, but again, there was insufficient proof.

Your Ethics Alarms Ethics Quiz of the Day:

Is my neighbor obligated to tell anyone who is interested in renting or buying his now-abandoned property that the neighbor poisoned his dogs?

Continue reading →

Ethics Dunce: Federal Judge Gary Feinerman

/ Jack Marshall / 34 Comments

(I am going to eschew cheese jokes in this post, and I expect some credit for it.)

We recently learned that grated parmesan cheese often contains  cellulose powder.  This icky fact spawned dozens of lawsuits against Kraft, Heinz, Walmart, Target, Albertsons, Publix, and others, alleging consumer fraud by selling products with labels claiming that the contents were “100% grated parmesan cheese,” or words to that effect.

Since the  lawsuits all made the same claims, they were consolidated into one multi-district litigation overseen by a federal judge Gary Feinerman in Illinois. Judge Feinerman dismissed the litigation last week, ruling that “100% grated parmesan cheese” is an ambiguous statement that is open to multiple interpretations.

Judge Feinerman doesn’t understand deceit.

“Although ‘100% grated parmesan cheese’ might be interpreted as saying that the product is 100% cheese and nothing else, it also might be an assertion that 100% of the cheese is parmesan cheese, or that the parmesan cheese is 100% grated,”he wrote in his ruling. “Reasonable consumers would thus need more information before concluding that the labels promised only cheese and nothing more, and they would know exactly where to look to investigate — the ingredient list. Doing so would inform them that the product contained non-cheese ingredients.”

Each of the products involved, the judge noted, listed cellulose and the other ingredients on the label, along with the fact that the cellulose is added ‘to prevent caking.’”

“100% Grated Parmesan Cheese” might also mean “I did not have sex with that woman,” I guess. The companies didn’t put that legend on the packages to let consumers know that the cheese is “100% grated.” They put it there to mislead consumers, and try to ensure that they didn’t read that there were wood chips in their cheese. This is classic deceit, and the judge is letting companies get away with it.

The judge smugly asserts that a reasonable consumer would know that pure cheese is not shelf-stable at room temperature and couldn’t sit in sealed packaging in a grocery store for long periods of time. “Cheese is a dairy product, after all, and reasonable consumers are well aware that pure dairy products spoil, grow blue, green, or black fuzz, or otherwise become inedible if left refrigerated for an extended period of time,” he writes, and thus “would still suspect that something other than cheese might be in the container, and so would turn it around, enabling them to learn the truth from a quick skim of the ingredient label.”

Except that the labeling was designed to hide the truth, mislead buyers, and gull them into believing that it was “100% grated parmesan cheese,” like  the package said.

The judge is coming perilously closed to the old, discredited “let the buyer beware” standard that opened the door for outrageous and often dangerous consumer fraud.  I guess the judge is saying I’m an idiot: when I saw a label that said “100% grated parmesan cheese,” I didn’t assume that it mean “8% other crap.”  I assumed that it meant “100% grated parmesan cheese.”

I always wondered how that Kraft box stayed in my mother’s cupboard so long, though. But my mom also kept catsup, mustard and other condiments for decades.

We used to get sick a lot, now that I think about it…

The ruling isn’t a breach of judicial ethics, just a bad ruling that encourages deception by excusing deceit.

Morning Ethics Warm-Up: 6/20/17

/ Jack Marshall / 54 Comments

1. It isn’t just the President’s boorish role modelling and the misbehavior and incivility of his opposition that makes me fear for the ethics alarms of our rising generation. The long-term results of people being able to isolate themselves from social contact—and the social skills and sensitivities that direct, face to face contact nurture—by constant attention to electronic devices is a matter for concern. Yesterday, I became aware of another danger.

I heard, on the new Sirius-XM Beatles channel, a recording of Paul McCartney singing my favorite song from “Guys and Dolls,” a sweet ballad sung in the musical by an elderly father to his grown daughter during her romantic crisis.

McCartney has a foot in two cultures and always has. As much as a rock and pop innovator as he was, Paul was also steeped in the traditional love songs of his parent’s generation, including Broadway. Today both of McCartney’s feet are planted where nobody under the age of 30 is likely to tread, and that is natural. Yet it seems that popular music is increasingly devoid of tenderness, empathy and compassion. Hip-Hop, particularly, seems immune from being able to express a sentiment like that in Frank Loesser’s nearly  70-year-old song that Paul McCartney obviously understands. I wonder, and worry. how many of today’s young Americans understand it, or will grow up with the capacity to do so.

Here’s Bing crooning the same song…

You know I love ya, Bing, but the Moptop wins this round.

2. There was some discussion on a thread here yesterday about the ethics of interests outside the state putting so much money into Georgia’s 6th congressional district’s special election. The House was designed to give communities a say in the national government, so to the extent that a local election is warped by interests outside the community—the Democrat, Jon Ossoff, is a carpetbagger who doesn’t live in the district—it’s a violation of the spirit of the Constitution and the ideal of American democracy. Some have even made an analogy to foreign governments interfering in U.S. elections. On the other hand, all this outside “interference” consists of are words, ads, and marketing. The district’s residents still are the ones who vote. If they are so easily swayed by slick ads and robocalls, that’s their responsibility. (There may even be a backlash.) Continue reading →

Funny! But Wrong…

/ Jack Marshall / 12 Comments
"Hey! It works!"

“Hey! It works!”

Yes, I would say this was an unethical business transaction.

According to a complaint filed with Malaysia’s Public Service and Complaint Bureau, a man paid the equivalent of  $139.00 to a scamster promising to send him a device that would dramatically enlarge his penis.

When the alleged package-enhancing package arrived, it contained only…a magnifying glass.

The directions said only “Do not use in sunlight.”

Ethics observations:

  • It was very wrong to fool an idiot like that and take his money.
  • Rubbing it in with the directions was gratuitously cruel, if inspired.
  • The reporter who wrote the story undoubtedly will say that the name of the local lawyer he consulted about the case—Mr. Kok—was a coincidence, and not a cheap joke.
  • Sure it was.

________________________

Pointer: Above the Law

Source: The Star On-line

 

 

Ethics Quiz: The Marriage Mark-Up

/ Jack Marshall / 36 Comments

Wedding reception

The New York Times published a feature in December exposing how hotels and wedding service vendors typically charge more to couples planning wedding festivities than they do to corporations seeking the same facilities and the same services. Is the result of  gauging, market forces, negotiation inexperience by the happy couple, or something else? Is it unethical?

The article seems to conclude that the vendors are simply taking advantage of purchasers who have no sensitivity to price, especially so-called “Bridezillas.” They want what they want for their perfect day, and will pay whatever it will cost to get it. Are the venders being unethical to take advantage of what is an emotional rather than a rational mindset? After considering whether more price transparency in the wedding industry would help (the author thinks not), the piece concludes,

“Strong consumer preferences — about the flower type, bridesmaid dress, cake decorations, music style, whatever — mean less price sensitivity (what economists refer to as greater demand inelasticity). If the cocktail napkins must be blue, the happy couple will be willing to pay more for blue. So if there are enough brides out there with strong and specific preferences, who want their weddings to be the special day they always dreamed of, that’s going to push equilibrium prices higher, no matter how transparently they are displayed. In other words, the Bridezillas keep prices high for the rest of us.” Continue reading →

Comment of the Day: “Ethics Quiz: The Kidneys of Orlac”

/ Jack Marshall / 9 Comments
But first, a last act of altruism...

But first, a last act of altruism?

The presumptive winner of the annual Ethics Alarms award for “Commenter of the Year” in 2013, texagg04,  has delivered a Comment of the Day expanding the topic of the post regarding a condemned prisoner in Ohio who wrangled a postponement of his execution so he could donate his organs to relatives. Here is  texagg04’s  take on “Ethics Quiz: The Kidneys of Orlac.” I’ll have some comments at the end.

“First, a murderer or other capital criminal being held responsible for his or her conduct seems to be in conflict with the same individual being allowed to display charity when you say they  forfeited their freedom, all of it, with their commission of a  capital crime. I’m not so sure it should be viewed from that angle.

Punishment serves a variety of purposes. Some petty crimes receive punishment designed to compensate, as best as can be, the victim – the victim being dead, capital punishment does not serve this purpose. Some crimes are of an anti-social nature, and the apt punishment seeks to rehabilitate or reconcile the perpetrator to the community. Capital crimes are so heinous that we have determined that the perpetrator must be completely cut off from society, through their death. In this case, the punishment does nothing for the victim OR for the criminal; the punishment is designed solely for the benefit of society.

If the criminal wishes to donate his/her organs to (what we must assume is to salve their own conscience – even though we can, probably, cynically assume is just a delaying tactic), we should not care one bit. They are gaining no material benefit from the community, nor are they engaging in any direct interaction with the community – so the act of cutting them off from the community as part of the punishment is still complete. Continue reading →

Ethics Poll: The Amityville Kidney

/ Jack Marshall / 24 Comments
"Wait---you're going to put THAT inside me???"

“Wait—you’re going to put THAT inside me???”

In the comments to the post The Kidneys of Orlac, Texagg04 raises a fascinating angle that I had not considered. I have previously written, regarding state regulations that do not require realtors or sellers to disclose that a grisly murder or six occurred on a property, that a purchaser has the right to know about such conditions that may bother him personally, and that regardless of the laws involved, there is an ethical duty inform  a potential purchaser know that he is buying the site of the Amityville Horror (for example). Texagg04 suggests..

“Much like real estate agents ought to reveal that a house had a grisly murder in it, I’d submit that recipients of organ donations of this kind should get to be informed of the donor’s convictions.”

Hmmm. I’m not so sure. One of the reasons for my views about the death houses is that they may be difficult for the uninformed buyer to sell later if the home’s history is known or becomes well known. Also, there are always alternatives to buying a particular house—given a choice between the site of a murder and a similar house with no such history, I might opt for the latter—I’ve seen too many of the “Paranormal Experiences”  and “The Grudge” movies, I guess. But with donated organs, the options are more limited. Maybe not telling the recipient that he has the heart of the Green River Killer is the fair and kind thing to do.

Let’s vote!

Comment of The Day…And An Ethics Quiz, Too! : “Ethics Quiz: The United Airlines Give-Away”

/ Jack Marshall / 15 Comments
"Oh, this piece of junk? Yeah, who knows who its supposed to be---some guy named Veal or Beale or something painted it, I think. It's been in the attic. Make me an offer!"

“Oh, this piece of junk? Yeah, who knows who it’s supposed to be—some guy named Veal or Beale or something painted it, I think. It’s been in the attic. Make me an offer!”

The Ethics Quiz regarding whether or not it was unethical to take full advantage of United Airlines’  accidental fire sale on tickets spawned several good hypotheticals, including this one, from Tyrone T., an occasional Ethics Alarms commenter who, I happen to know, thinks about these matters as his occupation. I know the answer to this one (I’ve seen it before), so I’ll hold off until you’ve thought about it a while.

Here is Tyrone T.’s Comment of the Day on the post “Ethics Quiz: The United Airlines Give-Away”:

“So, if you are hired by your client to find the cheapest fare, can you act ethically and refuse to take advantage of the error? Consider the following:

“Alexander Mundy is a lawyer and an acknowledged expert in American painting. He has several clients who regularly retain him to negotiate the purchase of museum quality art. Recently, a client hired Mundy to negotiate the purchase of a portrait of George Washington as a young man.

“The client explained, ‘I saw it on a house tour five years ago and tried to buy it then, but the woman who owned it said it was a family heirloom and wasn’t interested in selling. I heard that she died recently and her husband is having an Estate Sale. You have authority to purchase the painting for up to $500,000.’

“Mundy goes to visit the old widower and asks whether he would be willing to sell ‘that picture of the young man there.’ Continue reading →

Ethics Hero: Millikin University

/ Jack Marshall / 86 Comments

This story sounds like it was dreamed up for joint production of the Lifetime Movie Network and Chiller.

Above: The scene of Wolcott's mothers shooting; below, his father.

Above: The scene of Wolcott’s mothers shooting; below, his father.

Millikin University is a private institution in Decatur, Illinois with approximately 2400 students. It has been thrust into local headlines with the discovery that one of its psychology professors, James St. James, who heads the schools Department of Behavioral Sciences, murdered his parents and his older sister when he was 15. Then he was called James Gordon Wolcott.

He changed his name after being treated in a mental institution, where he was sent after being found not guilty of the crime because he was legally insane at the time of the killings. High from sniffing glue, the brilliant but emotionally disturbed teen grabbed a .22-caliber rifle, walked into the living room and shot his father, then shot his sister and his mother.

Six years after being sent to Rusk State Hospital,  Wolcott emerged apparent cured, and ready to lead a productive life. Ironically, his patricide and his insanity  had greased the way for his rehabilitation: he inherited his parents’ estate and was able to draw a monthly stipend from his father’s pension fund. Changing his name to St. James, he earned a bachelor’s degree, a master’s degree and a PhD, and became an award-winning professor at Millikin. Professor St. James’ secret was undiscovered until this year. He is now 61. Continue reading →