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Friday, September 4, 2015

The American Egg Board Wanted To Take Down Eggless Just Mayo

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justmayoFood companies work together under the supervision of the U.S. Department of Agriculture to create promotional campaigns that promote whole categories of products. You’ve seen their broadcast and print ads: campaigns for pork (“The Other White Meat”) and liquid milk (“Got Milk?”) really captured the public imagination, sometimes to the point Yet it’s the American Egg Board that’s behind both the “incredible, edible egg” campaigns) and an effort to keep vegan mayonnaise out of stores.

The product, Just Mayo, has been in the news recently because of a warning letter sent by a different government food-regulating agency, the Food and Drug Administration. The FDA’s concern is that the company is calling its product “mayo,” when the official FDA definition of “mayonnaise” is that it must contain eggs. The agency also objected to some health claims about the product.

The company behind Just Mayo, Hampton Creek Foods, filed a Freedom of Information Act request and received copies of e-mails sent by the National Egg Board, where the board’s CEO discussed with an outside PR consultant making a phone call to keep the vegan product, Just Mayo, out of Whole Foods stores. The consultant later explained to the Associated Press that he offered to make this phone call because he thought the Just Mayo label is misleading.

From eggs to trees, USDA promotional programs controversial [AP]
Eggless Mayo Causes Heartache [AP]


by Laura Northrup via Consumerist

Uber Reportedly Wants To Deliver Same-Day E-Commerce Orders

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(afagen)

(afagen)

Uber wants to become more than a ride-hailing service: the company wants to use its army of drivers, who are definitely not employees, to deliver food, stuff, and people. While its experiments so far with food delivery and luxury merchandise delivery haven’t been very impressive, the company plans to keep trying. Next up: same-day delivery from large and small retailers in New York City and in San Francisco.

This information comes courtesy of Re/Code, who cite as their source “two people familiar with the rollout.” The first brands included will be “flashy” luxury brands, which the source didn’t name. Those brands will be identified when the company announces the service, which will be in late September or early October.

The New York rollout will happen first, and then the company will set a date for San Francisco. While they will begin with luxury brands that have a built-in following of people who need express delivery for some reason.

Instead of shopping for shoes and watches through Uber’s app, which is how the food delivery works, the partnership will instead make super-express delivery by Uber a delivery option when shopping on the retailer’s own site. The company is also working with companies that provide e-commerce sites to small, local retailers, which hints at an instant-delivery collaboration with small retailers as well.

Uber will still have the same problems reported back in June: both New York and San Francisco are cities where parking is in short supply: that’s fine if you’re a pseudo-cab constantly on the move, but problematic if your job is to knock on someone’s door to deliver a sandwich or a suit.

Uber to Unveil Big E-Commerce Delivery Program With Retailers in the Fall [Re/Code]


by Laura Northrup via Consumerist

With Ad-Blockers Coming To iPhone, Ad Industry Poised For A Fight

http://ift.tt/1XrlxPK According to one estimate, some $22 billion in online ad revenue was lost last year because so many people use ad-blocking plugins on their web browsers. And that number is set to soar with an upcoming tweak to Apple iOS that will allow ad-blocking on the iPhone and iPad’s Safari browser. The ad industry is looking at a number of ways to stem this tide, including the legal route.

AdAge reports that the Interactive Advertising Bureau (IAB) — a trade group whose members are responsible for nearly 9-in-10 of the ads you see online in the U.S.– to discuss the implications of the impending iOS change and what could be done about the increasing popularity of ad-blocking technology.

There were the let’s-play-nice ideas like “give consumers better ads to look at and they won’t want to block them,” and the more hard-nosed suggestion that the top websites should block editorial content for anyone blocking ads.

Then there’s the legal option. Supporters of this tactic contend that ad-blockers may be illegally interfering with someone else’s content. Just because an ad isn’t a news story or a photo gallery doesn’t mean it’s not part of the editorial makeup of the web page, they claim.

It’s not that different from the case that broadcasters have tried to make against DirecTV’s Autohop service that automatically removed all the ads from users’ recordings of prime-time network shows. But while that battle was initially waged in the courtrooms, it appears to have ultimately been decided in boardrooms, with Dish making various tweaks to appease networks.

Without any definitive legal precedent on ad-blocking, the various IAB member companies have their legal teams mulling things over, reports AdAge.

“We’re keeping a good temperature gauge around finding out what could be done,” says the group’s senior VP in charge of the IAB Technology Lab, while admitting that any decision about litigation is far away.

“To say the IAB is going to mount a legal challenge at this time is not true because there’s not been enough work done to assess whether that’s a viable option,” says the chairman of the IAB Tech Lab’s board of directors.

The industry hasn’t given up on the more congenial options that won’t result in expensive and potentially unpopular litigation.

If IAB can make online ads load more efficiently so that they don’t bog down pages as they load, maybe fewer consumers will seek out ad-blockers in the hope that they will speed up load times. But will that do anything to win back people who have already started using blockers?

The other option is to just keep playing being the mole in the whack-a-mole game played by ad-blockers. The industry knows that most blocking tech all looks for the same type of code to determine if something is an ad or if it’s legitimate content. So if you switch that up, the ads could — at least temporarily — avoid being blocked.

This is one of the reasons that a growing number of content producers and ad agencies have jumped on the “native advertising” bandwagon with “sponsored” content that looks nearly identical to editorial content.

While there are plugins that try to detect this advertorial content, these ads-in-editorial-clothing don’t get caught by traditional ad-blocking tech. And if blockers were able to block these not-exactly-stories from loading, the websites and advertisers might have a viable copyright claim if they chose to go the legal route.


by Chris Morran via Consumerist

Nissan Versa And Micra Pedal Interference Problem Upgraded To Recall, Includes 300,000 Cars

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A photo provided by NHTSA shows the area in which drivers' feet have become stuck. The arrow shows the actuator flap that interferes with the movement between the accelerator and brake.

A photo provided by NHTSA shows the area in which drivers’ feet have become stuck. The arrow shows the actuator flap that interferes with the movement between the accelerator and brake.

Nissan plans to recall 300,000 vehicles in the United States from its Versa and Micra models due to problem with a console panel. That sounds harmless enough until you learn that the problem is that the driver’s shoe may catch on the panel, trapping that foot on the gas pedal and potentially causing an accident.

The actual phrasing is “potentially impede smooth pedal operation,” but as the National Highway Safety and Traffic Administration points out in its recall report, “A delay in the application of the brake pedal would lengthen the distance needed to stop the vehicle and increase the risk of a crash.” Yes. The console issue has already been blamed for one accident that resulted in an injury.

This is the same problem that was subject to an engineering analysis back in April, when investigators said that there were eleven reports of the pedal problem. The NHTSA has been researching this specific issue since June 2014. Now the analysis has been upgraded to a full recall.

Affected models are:

Versa sedan, model years 2012 through 2015
Versa Note, model years 2014 and 2015
Micra, 2014 and 2015

Drivers will receive a recall notice sometime in October, and a Nissan dealership will fix the panel. Nissan didn’t specify what type of shoe, if any, might be more likely to catch on the console panel, so drive carefully if you own one of the affected models.

Nissan to recall about 300,000 vehicles in U.S. to fix console panel [Reuters]

PREVIOUSLY:
NHTSA Advances Investigation Into Pedal Interference In Nissan Versa & Note, Adds Model Years


by Laura Northrup via Consumerist

Facebook-Owned Mobile Messaging App WhatsApp Crosses 900-Million-User Mark

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Facebook is having a good run this summer of taking over the world one app at a time. Hot on the heels of last week’s announcement that the big blue network now has more than 1 billion daily users, the company is now crowing about a user milestone they’ve reached on one of their two big messaging platforms, WhatsApp.

Facebook bought WhatsApp about 18 months ago in a $19 billion deal. At the time, the app touted about 450 million monthly users, of whom roughly 315 million used the service every day. Reaching 900 million users means the user base has literally doubled since that purchase.

But Facebook clearly had this growth in mind even at the time. Back when news of the acquisition went public, Facebook founder Mark Zuckerberg said in a statement, “WhatsApp is on a path to connect 1 billion people,” adding, “The services that reach that milestone are all incredibly valuable.”

It’s an impressive milestone, especially given that the smartphone world is not exactly suffering for a shortage of messaging apps. WhatsApp’s major selling point is that it uses your data instead of “counting” as SMS texts against your phone plan, but at this point, it’s just one of many competitive apps out there promising the same… and texting doesn’t cost what it used to, either.

WhatsApp, however, is stringently against selling ads inside their platform, even going so far as to quote Fight Club on their home page as part of their explanation why. The current iteration of their privacy policy also has some strong affirmations against selling or sharing their data to third-party advertisers — a stance that seems somewhat at odds with the standard operating procedure of their parent company.

Facebook clearly has a dominant stake in the messaging-app business. WhatsApp may be at the top as it closes in on that magic nine-zero mark, but the second-place contender — Facebook Messenger — has also crossed 700 million monthly users.

Facebook’s WhatsApp hits 900 million users, aims for 1 billion [USA Today]


by Kate Cox via Consumerist

Toyota Investing $50M Into “Life-Saving Intelligent” Vehicles

http://ift.tt/1EAooyu There’s a lot of talk these days about the inevitable arrival of self-driving cars and the implications they will have on safety, insurance, traffic, and fuel costs, but Toyota has announced an investment in new research to develop “life-saving intelligent” vehicles that aren’t necessarily self-driving, but which could ideally combine the best of the autonomous car with one driven by a real human.

Toyota said today that it will invest around $50 million over the course of five years to establish joint research centers at Stanford University in California and at the Massachusetts Institute of Technology. The goal, according to the car giant, is to “improve every-day living through artificial intelligence supported technologies” and develop “life-saving intelligent vehicles and life-improving robots.”

The head of Toyota’s research and development group, Kiyotaka Ise, says that the immediate goal is to cut down on traffic casualties with a longterm goal of using “enhanced mobility and robotics” to improve users’ quality of life.

Dr. Gill Pratt, who recently left DARPA (the Defense Advanced Research Projects Agency) to join the program, says that intelligent vehicles will “recognize objects around the vehicle in diverse environments, provide elevated judgment of surrounding conditions, and safely collaborate with vehicle occupants, other vehicles, and pedestrians.”

Speaking to the NY Times, he likened the idea of an intelligent vehicle to having a “guardian angel or driver’s education teacher” in the car with you.

“It usually does nothing, unless you are about to do something dumb,” explained Pratt.

MIT professor Daniela Rus believes there may be the potential for a car that is “incapable of getting into a collision.”

The group also expects to be able to take what it learns from its work on intelligent vehicles and apply it to robotic devices and information services that interact directly with humans. While Toyota is most widely known for its cars and trucks, it has been building industrial robotic devices for decades.


by Chris Morran via Consumerist

Fake Comcast Rep Convinces Customer To Delete Anti-Comcast Tweets

http://ift.tt/1yLaoAx Complaining to a company on Twitter can often be a pointless endeavor, like trying to have a phone conversation in the front row of a Motörhead concert, but something inside us hopes that our gripe will be heard, which is why pranksters have repeatedly been able to trick Comcast customers into believing the company is proactively calling them in response to their Tweets. The latest story involves a customer who was actually convinced to delete his anti-Comcast comments by someone pretending to be from the company.

Speaking to Gimlet Media’s Reply All, a man named Chris says he was taken in by a woman named Kendra who called claiming to be from Comcast’s social media team.

Given Comcast’s less-than-stellar reputation, especially among the online community, and the company’s public claims that it’s really trying to improve its service, one might be willing to believe that Comcast would take the step of reaching out to a disgruntled customer to resolve the situation.

But Kendra didn’t do that.

Chris says she asked if the problem he’d Tweeted about had been dealt with. “So I told her, yeah I’m pretty sure the issue was resolved, and she said, ‘Well, since your issue was resolved I was hoping that maybe we could get you to delete the Tweet because it is slanderous towards Comcast.”

First, a defamatory Tweet would be libel, not slander. Second, if a statement is true it’s not defamatory, even if the issue has since been resolved. At this point, Chris should have realized he was being pranked and simply hung up. But he remained on the line and things only got more interesting.

He says that Kendra gave the example of someone Tweeting negatively about their ex-girlfriend with a statement like, “This girl’s being such a dickhole.” If you later get back together with that ex, argued Kendra, “she would be really offended if that Tweet was still there.”

When Chris challenged Kendra on her outlandish understanding of the situation and her use of colorful language, he says she told him, “Sir, I just finished our two-week training and I’m literally reading right off the script.”

She then told Chris that maybe he’s not the kind of customer that Comcast wants to have.

“Sir, I can not end this session until the Tweet is deleted,” Kendra explained, according to Chris, who initially refused. Then Kendra said a note would be put “on his file” and he would either be “fined or removed from Comcast as a customer.”

An irate Chris agreed to delete the Tweet in hopes of ending this nonsense. But Kendra then upped her demands, saying he now needed to delete any other Tweets that referenced the one he’d deleted.

While he sought out those other posts, she asked him, “Are you just playing dumb with me? Do you think I’m stupid? The Tweets are right there.”

That’s when he hung up in frustration. At the same time, he thought he’d been treated so outrageously that he’d get the same “we’re super sorry, here’s free service” treatment that Comcast gave to customers whose names were changed to things like “A**hole Brown,” and “Dummy.”

But that wasn’t about to happen because the caller had nothing to do with Comcast. She’d done what other prank caller had done before her — trolled the Comcast Twitter feed looking for customers and calling ones whose phone numbers were publicly available.

And the customers’ numbers may not even have to be in a phone book. One longtime prank caller tells Reply All that if you know what to say to the folks at Comcast you can get them to hand over customer numbers pretty easily.

“You can call Comcast and say, ‘Hey, I’m in a different department, and you’re having computer problems so pull up the last few orders you just did and give me all the information.

“I really want to know what the point of it was,” says Chris, who believes it might have been a failed scam attempt.

But the odds are this was just someone out to amuse themselves and possibly their friends. It’s a game to see how long the caller can string along the other person, escalating the outrageousness, before being hung up on.

You can check out the entire story, along with an interview with Comcast’s head of security here:


by Chris Morran via Consumerist

Lawsuit Says Jessica Alba’s Honest Company Products Are Dishonest About “Natural” Claims

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OptionValue-255-slide_with_zoom-ef3ca322-7179-4b4e-9713-52d2851491a9The Honest Company, co-founded by actress Jessica Alba, built its billion-dollar reputation on the fact that its products are created using natural, nontoxic elements. But a newly filed class-action lawsuit claims the company hasn’t been as honest as its name would lead one to believe, accusing the organization of deceiving consumers by selling items that actually contain unnatural and ineffective ingredients.

The lawsuit [PDF], which seeks at least $5 million in damages for the proposed class, argues that The Honest Company deceptively and misleadingly labels and markets its products – specifically its hand soap, diapers, dish soap, multi-surface cleaner and sunscreen.

According to the complaint, starting in 2012 The Honest Company entered into a marketing campaign that systematically labeled its products as “natural” or “effective.”

As a result of these marketing efforts, Honest sells the products to consumers at a 10% to 20% premium.

The plaintiff claims that he purchased the Honest products in lieu of other cheaper options based on the company’s representation that they were natural and effective.

“Contrary to the company name, Honest’s marketing claims are misleading, deceptive, and/or untrue,” the suit states.

While “natural” in the context of Honest products means each item contains no artificial ingredients, the suit claims that isn’t the case.

Honest soap, dish soap, surface cleaner and diapers are in fact made with unnatural additives including Methylisothiazolinone, Cocamidopropyl Betaine, Phenoxyethanol, and Sodium Polycrylate, according to the suit.

“Honest’s conduct harms consumers by inducing them to purchase and consume the products on the false premise that they are natural and effective, when in fact four of the five products contain ingredients that are not natural, and one of the five Products is ineffective.” the suit states.

The plaintiff bases his claims that the products are hazardous on research from the Environmental Working Group that found ingredients used in the products exceed the organization’s “low hazard” threshold.

Additionally, the complaint accuses Honest of misleading consumers about the effectiveness of its sunscreen.

“‘Effective’ in the context of Honest Sunscreen means the sunscreen should protect the user from unhealthy exposure to harmful UV rays,” the suit states. “This representation is literally false.”

The lawsuit goes on to cite a recent onslaught of consumer complaints to the Honest Twitter account that detailed how users of the sunscreen were left with sunburns and blisters after exposure to the sun.

Following the complaints from consumers, Alba and co-founder Christopher Gavigan released a statement to People saying the company was “committed to providing safe and effective products” and reminded consumer to use the product as directed.

“Our sunscreen Lotion was tested, by an independent 3rd party, again the protocols prescribed by the U.S. Food & Drug Administration’s monograph for over-the-counter sunscreen products,” the company said in the statement “The results showed that our product is effective and safe for use as an 80 minute water-resistant (FDA’s highest rating), SPF 30 sunscreen lotion in accordance with FDA regulations when used as directed (Shake Well. Apply liberally and evenly 15 minutes before sun exposure. Reapply after 80 minutes of swimming or sweating, immediately after towel drying and at least every 2 hours).”

In all, the suit seeks to provide refunds to all customers who purchased the specified products, a total estimated to be $5 million.

[via People]


by Ashlee Kieler via Consumerist

Wendy’s Brings Back Pulled Pork Sandwich To Close Out Summer Of Fast-Food Pulled Pork

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Wendys-BBQ-Pulled-Pork-FriesFor a while, it looks like this might be the Summer of Pulled Pork. Or like pulled pork would be the new bacon. There would be some very headline-friendly thing that would happen with pulled pork. Some regional chains picked up the trend, but now Wendy’s is only jumping on the porkwagon at the end of the traditional barbecue season, bringing back their pulled pork sandwich and fries. Yes, fries.

We saw McDonald’s test a limited-time pork sandwich in at least one market, and Burger King produced an extra-long version on a Yumbo bun. Other regional chains also joined in, though: McAlister’s Deli came out with a whole end-of-summer pulled pork menu, Bojangles brought one out in mid-July, and Quiznos toasted a pulled pork sub back in June.

Does all of this make 2015 the Summer of Pulled Pork? That depends on whether any of these offerings were any good. Pulled pork is hard to pull off on a massive scale, and larger chains apparently had a harder time making anything that wasn’t BBQ mush.

BBQ Pulled Pork Returns to Wendy’s [Brand Eating]


by Laura Northrup via Consumerist

New Spotify Privacy Policy Aims To Provide “Plain Language” Explanation For Collected Data

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Just weeks after Spotify ticked off many of its 75 million active users with an updated, potentially invasive privacy policy, the music streaming service has once again revamped the terms, this time including an introduction that provides clear reasoning and examples of data collected.

In a post on Spotify’s official blog, CEO Daniel Ek wrote an explainer for the latest policy update, noting that many of the changes came after receiving feedback from users of the service.

While Ek’s post is on Spotify’s corporate blog, the actual policy updates are currently only live in the U.K., Denmark, Norway, Sweden and New Zealand. A spokesperson for the company says they will be rolled out in the U.S. and other markets in the coming weeks and days.

Ek says the new policy – which he describes as “plain language” – essentially breaks down into two categories of information that Spotify collects and is “intended to be a clear statement of the company’s approach and principals about privacy.”

The first category Ek refers to is “information that we must have in order for you to use Spotify,” this includes users’ names, IP address, music they listen to and sensor information to rotate videos.

The second category, which is where most people took issues the first time around, involves “information that enables us to offer you additional features,” namely the collection of data from your mobile devices.

The newly updated privacy policy aims to simplify several of the clauses in that category, including a sentence that proclaimed that Spotify “may collect information stored on your mobile device, such as contacts, photos, or media files.”

The relevant section — under the header “Information Stored on Your Mobile Device” — now gives additional context and examples on why the service would even want some of that information from you.

“We may provide features that rely on the use of additional information on your mobile device or require access to certain services on your mobile device that will enhance your Spotify experience but are not required to use the Service,” the policy introduction reads. “For example, we might allow you to upload photos to your profile, connect with friends, or let you use voice commands to control the Service.”

According to the updated policy, which again has not yet been rolled out to U.S. customers, “Granting us access does not mean you are granting us unlimited access to that information or that we will access specific information without your permission. To the contrary, for each type of information listed in this section, before we access this information or these features of your mobile device, we will ask for your permission.”

The soon-to-be released in the U.S. policy – and Ek’s introduction – also includes clarification for specific data collection of photos, location, contacts and voice.

The policy changes first announced in August also included a controversial clause that said Spotify could “collect information about your location based on… your phone’s GPS location or other forms of locating mobile devices (e.g. Bluetooth).” This raised concerns that the company would be tracking users’ locations.

The company reiterates it won’t access that information without permission, but the introduction goes on to clarify why those details could be beneficial.

“This information enables us to create collaborative listening experiences (only with others who have also given permission), and to provide even better recommendations about locally popular music, live venues, and concerts,” Ek writes.

According to Ek’s introduction, the collection of contacts and photos would allow users to find friends or contacts who use Spotify and customize playlist art. Allowing Spotify to have access to your microphone could allow users to control their selections verbally rather than by physically pushing buttons.

Users who signed the August privacy policy update do not have to re-sign the new terms. Those who did not agree to the terms last month will see the latest revamp “in the coming days and weeks,” Ek says.

[via Business Insider]


by Ashlee Kieler via Consumerist

Two Vehicles Crash Into N.J. Wendy’s In Second Car Accident At Restaurant In 3 Months

http://ift.tt/1N7HL4s They say lightning never strikes twice, but no one ever said cars can’t come crashing through the window of a single Wendy’s more than once. To wit: two vehicles collided with each other in Paramus, N.J. yesterday, sending them both into a Wendy’s that was hit by a car in June.

Four customers inside the restaurant were taken to the hospital for treatment, though no serious injuries were reported, according to CBS New York. A car and a minivan were headed in the same direction on a road near the Wendy’s yesterday about five p.m., when the driver of the car apparently cut off the van while trying to get into the restaurant’s parking lot.

The vehicles crashed into each other, jumped the curb and then went careening into the Wendy’s, where the minivan ended up inside.

“One of the drivers was in shock, crying — her and her I guess I assume it was boyfriend — and then the other driver, she had a child with her,” said the tow truck driver who arrived on the scene minutes after the crash, adding, “Thank God the child was all right.”

He added that he was relieved to get the cars out of the building without it falling down, which is definitely a concern when there’s that kind of structural damage. Workers had installed a support beam by late Thursday night to hold up the restaurant temporarily.

In June, a customer was hospitalized after an SUV crashed into the same restaurant. But is it bad luck or a bad design? The two incidents have prompted questions about the location of the restaurant’s entrance, which some say is too close to the exit for another major road.

“Honestly I think it’s an engineering flaw, and something needs to be done,” the two truck driver said.

The driver of the car was ticketed for careless driving.

2 Vehicles Sent Crashing Into Paramus Wendy’s After Collision [CBS New York]


by Mary Beth Quirk via Consumerist

Disney, Lucasfilm, Sanrio Form Legal Alliance To Take Down Makers Of Counterfeit Marvel, Star Wars, Hello Kitty Cake Frosting

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This is one of the allegedly infringing cake frosting sheets the defendants are selling on eBay.

This is one of the allegedly infringing cake frosting sheets the defendants are selling on eBay.

We’ve all seen local bakeries and supermarkets selling cakes decorated with the images of trademarked cartoon/movie/comic characters and not many people seem to care that the decorator may not have permission to use these images. But there’s also a difference between someone’s hand-iced Captain America cake and a company that uses movie stills and promotional art to make pre-fab cake frosting sheets. Thus, Disney, Lucasfilm and Sanrio — tired of seeing cakes featuring the unauthorized faces of Yoda, Iron Man, and Hello Kitty — have teamed up to sue two Michigan men for trademark and copyright infringement.

In the complaint [PDF], filed earlier this week in a federal court in California, lawyers representing Disney, Marvel, Lucasfilm, and Sanrio allege that the two men (and other unnamed defendants) used an eBay storefront to sell “counterfeit edible cake frosting sheets and related items, which incorporate unauthorized likenesses of animated or live action characters or other logos owned by” the plaintiffs.

The lists of supposedly violated trademarks take up around 15 pages of the complaint. They range from classic Disney characters — Mickey and Minnie Mouse, Bambi, Frozen, Toy Story, Cinderella… even images from that horrendous mauling of The Black Cauldron — to dozens of Hello Kitty trademarks, to Marvel icons like Captain America, the Incredible Hulk, to the Star Wars universe, including a copyright described as “Darth Vader and Son,” which makes us which Luke and his pop had just patched things up and opened a hardware store together.

The plaintiffs say they served — and the defendants received — cease and desist demands, but that the allegedly fraudulent frosters continued on with their business.

“By engaging in this conduct, Defendants have acted in willful disregard of laws protecting Plaintiffs’ goodwill and related proprietary rights and have confused and deceived, or threaten to confuse and deceive, the consuming public concerning the source and sponsorship of the products,” reads the complaint.

In addition to seeking damages and to stop the defendants from selling anymore infringing cake decorations, the plaintiffs are calling for the seizure of “any molds, screens, patterns, plates, negatives, machinery or equipment used for making or manufacturing” the offending products.

While we couldn’t find the defendants’ store on the U.S. eBay platform, the folks at ComicBookResources.com found what appears to be the defendants’ items for sale on eBay Australia. Aside from the Yoda birthday cake decoration at the top of this story, this store sells frosting screens for video game titles (Assassin’s Creed, Halo), TV shows (Game of Thrones, The Walking Dead), non-Disney animation (Minions, Curious George)… and random pieces of female apparel.

The Hollywood Reporter’s Eriq Gardner notes that the lawyer representing the plaintiffs in this case appears to have carved out a nice niche in going after the kitschier end of trademark infringement complaints. This attorney recently settled a lawsuit with the makers of Darth Vader cufflinks and is currently litigating a case involving the legality of Batmobile replicas.


by Chris Morran via Consumerist

Longtime L.L. Bean President And Founder’s Grandson Dies At Age 80

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gormanThe flagship L.L. Bean store in Freeport, Maine doesn’t close. It literally does not have locks on its doors. Yet it’s going to close next weekend during the funeral of the company’s former longtime president and the grandson of founder L.L. Bean himself, Leon Gorman, who died yesterday at age 80.

When Gorman took over as company president in 1967, the company wasn’t the retail giant that we know today. During his time with the company, it grew 20% per year, and went from having about 100 employees to more than 5,000, mostly in Maine since Gorman resisted the trend of outsourcing customer service.

Some employees were nervous when the founder died and Gorman took over in 1967, but it turned out that his grandfather and uncle weren’t running things very effectively. “L.L. and his son, Carl, held onto all the authority, yet weren’t doing anything. The product line and catalog merchandising and operations were all going downhill,” Gorman told the Portland Press-Herald in an interview about company history a few years ago.

L.L. Bean was also an early e-commerce adopter, even though Gorman himself didn’t know how to use a computer. They began accepting orders online in 1995, yet still mail millions of paper catalogs every year, perhaps always understanding the public’s love of glossy catalogs even if they would ultimately place orders online.

The company remains family-owned, and the current chairman is one of Gorman’s nephews, but the current president and CEO isn’t a family member.

Leon Gorman, visionary who led L.L. Bean’s growth into a global giant, dies at 80 [Portland Press-Herald]


by Laura Northrup via Consumerist

U.S. Chamber Of Commerce Sues FCC To Stop Efforts To Block Obnoxious Robocalls

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Consumers hate getting endless robocalls on their landlines and cell phones, and with good reason: they’re incredibly annoying. But they exist for a reason, too: legitimate businesses and scammers alike both find that, to some degree, they work. So when the FCC proposes a rule to let consumers cut back on the annoyance in their lives, businesses are not necessarily thrilled.

That’s why the U.S. Chamber of Commerce is suing the FCC to block that new rule, the Hill reports.

The FCC voted 3-2 to adopt the changes back in June. As part of that proceeding, the commission delved heavily into the legal technicalities surrounding the definitions of autodialers and what, exactly, is covered under the Telephone Consumer Protection Act (TCPA).

As technology has advanced, so too has autodialer tech. Where once upon a time robocalling hundreds, thousands, or millions of people used to take an actual machine hooked up to an actual phone, that time has gone. Now, it’s all VoIP software that can run on basically computer — including, yes, the phone-sized ones we all keep in our pockets and purses.

That’s one of the aspects that the Chamber of Commerce most objects to, The Hill explains. In their filing (PDF), claims, “The Declaratory Ruling and Order’s new, overbroad, and atextual interpretations of the TCPA will expose legitimate businesses across the country — of all sizes and types — to liability for simply attempting in good faith to communicate with customers who previously provided valid consent to be contacted.”

“Furthermore,” it continues, the ruling, “could turn even a mass-market smartphone into a covered ‘autodialer,’ and threatens to create an utterly unworkable regime for the logistics of receiving and processing consent revocation.”

Therefore, the petition concludes, the new rule is “arbitrary and capricious” and “an abuse of discretion in excess of the Commission’s statutory authority.”

The effort to stop the new rule is not unexpected. As part of his dissenting vote back in June, FCC commissioner Ajit Pai even dropped a self-fulfilling prophecy that “The primary beneficiaries [of the rule] will be trial lawyers, not American consumers.”

The Chamber of Commerce, of course, exists to represent business interests — even when those interests are not necessarily good for consumers.

Chamber of Commerce challenges FCC’s robocall ruling [The Hill]


by Kate Cox via Consumerist

Pilot Flying As An American Airlines Passenger Caught On Video Texting During Takeoff

http://ift.tt/1JTx1WD Where there are rules, there will inevitably be people who break them. But it’s still surprising when someone who’s tasked with enforcing those rules is instead doing exactly what they usually tell others not to do. That was the case for a man flying on American Airlines recently, who filmed an airline pilot traveling as a passenger on a flight from Charlotte to Tampa texting on his cellphone during takeoff.

The Federal Aviation Administration has eased up on the use of electronic devices while planes are in flight, but travelers are required to put their phones in airplane mode if their gadgets are turned on.

The man who shot footage on the Aug. 14 flight had his own phone in airplane mode while shooting the video, reports the Charlotte Observer, and says he was at first annoyed, and then disturbed to see a pilot flouting federal regulations.

After landing in Florida, the passenger wrote a letter to American Airlines CEO Doug Parker to express his concern.

“I am sure he is a good pilot, but even a small lapse in judgment in his profession can get people killed, and it bothers me that he can so casually disregard FAA regulations in the public view,” he wrote. “I fear what he may be doing in the cockpit that could jeopardize passenger safety.”

American Airlines said the pilot works for another airline, but didn’t say which one.

“I do know the other airline addressed the issue with the pilot,” an American Airlines spokeswoman told the Observer. “If someone is concerned about what another passenger is doing, notify the flight attendant so they can address it when it happens,” she added.

Again, if this was a video of some guy who doesn’t fly planes for a living texting away, it likely wouldn’t be in the news. But the man who filmed the video says it got his goat especially as he’s been told in the past to turn his phone off entirely during takeoff.

“I started thinking, ‘They’ve got these rules in place for a reason,’” he said. “… The pilots, more than anyone, should know those rules and obey them.”

Pilot caught texting during takeoff from Charlotte [Charlotte Observer]


by Mary Beth Quirk via Consumerist

E-Book Prices Increase, Sales Slump After Amazon & Publishers Finalize Contracts

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Just three months after Amazon tied up its bevy of contracts with top publishing houses, it looks like those deals might not be working out well for several companies, as they’ve reported declining e-book revenues in recent months.

The Wall Street Journal reports that Hachette, HarperCollins and Simon & Schuster have all reported declining online book sales after inking deals with Amazon that gave the publishers more say in the prices for their titles.

A look at the Kindle store found that each of the five big publishers – which also includes Penguin Random House and Macmillian – have an average cost of $10.81 per e-book, while online books from others had an average price of $4.95, research group Codex Group LLC found.

“Since book buyers expect the price of a Kindle e-book to be well under $9, once you get to over $10 consumers start to say, ‘Let me think about that,’” Codex CEO Peter Hildick-Smith tells the WSJ.

The group found that in some cases the cost of an e-book was actually on par with the cost of a new hardcover version. For example, a new novel — published by Macmillian — by Jonathan Franzen costs $15.10 for hardcover, just $0.11 more than the e-book price.

In another case, this time for Hachette, the company priced an e-book new release from James Patterson at $9.99 last year, his latest book, though, is listed at $14.99.

The company reported a 24% decline in e-book sales in the first half of 2015, the WSJ reports.

Hachette says the decline in e-book sales is a result of fewer hot titles and the implementation of its Amazon deal.

According to the Association of American Publishers, the first five months of 2015, publisher e-book revenue for adult, children’s and young adult titles fell 10.4% to $583 million compared with the same time in 2014.

“The new business model for e-books is having a significant impact on what [the big] publishers report,” one publishing executive tells the WSJ. “There’s no question that publishers’ net receipts have gone down.”

Still, other publishers tell the WSJ that e-book sales aren’t a result of the Amazon deals.

In fact, he says the industry is a “title driven business. If you have a good book, price isn’t an issue.”

E-Book Sales Fall After New Amazon Contracts [The Wall Street Journal]


by Ashlee Kieler via Consumerist

The Backyard Barbecue Isn’t As Popular As It Used To Be

http://ift.tt/1EdD4Vi Though visions of hamburgers and hotdogs may be dancing through your head as we approach the Labor Day holiday weekend, the heyday of the backyard barbecue has come and gone, some say, partly because of the high price of beef.

Before you start clanging your cooking tongs in disbelief, it’s not that grilling outside is going away or no one’s doing it, it’s just that not as many people are cooking in the open air as before: after two decades of increasing popularity, the percentage of U.S. homes using their barbecue grill for a main meal in a typical two-week period dropped to 35% last year from 40% in 2009, Bloomberg reports, citing data from market researcher NPD group.

One factor? Beef prices have been going up, with the price of a boneless steak sirloin reaching a record $8.84 per pound. Steak makes up 21% of dinners on the grill at home, in comparison to 32% in 1985. Burgers also aren’t as popular, NPD says.

(If you do make burgers at home, here are four ways you can cook up some juicy ones safely)

There’s also factors like the Polar Vortex pushing people indoors to cook, and more Hispanic and Asian consumers and the younger generation going for different, international flavors.

People aren’t buying grills and smokers as much as before either, with shipments for both hitting their peak in North America in 2007, sliding three years straight through 2013.

“Barbecuing is not going away,” Darren Seifer, a New York-based food and beverage analyst at NPD told Bloomberg. “It’s just that it’s peaked.”

The good news for the roughly two-thirds of households who will be heading out to the yard and firing up the grill this weekend: wholesale pork prices are down, and supermarkets are likely to respond by offering good deals on the other white meat.

If you do choose to barbecue or smoke food outdoors this weekend, remember to keep your grill a safe distance from any structures. Any way you cook it, happy eating and have a safe and delightful Labor Day weekend.

We’ve Hit Peak Barbecue, and Steak Prices Are Partly to Blame [Bloomberg]


by Mary Beth Quirk via Consumerist

Corinthian Students Continue To Wait For Debt Relief As Department Of Ed. Reviews More Than 7,800 Claims

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healdheaderThe tens of thousands of students seeking debt relief from the federal government after for-profit education chain Corinthian Colleges Inc. closed its Everest University, WyoTech and Heald College campuses, will have to wait a little longer, the Department of Education said Thursday as it provided an update on the number of federal student loans it has discharged and that are currently under consideration.

The Washington Post reports that the Dept. has received 4,140 claims for borrower defense discharge since it announced in June that it would provide relief for students who attended (after June 20, 2014) the 30 CCI campuses that closed in April.

Those reviews are taking longer than one might expect as the team has to analyze state laws for each claim.

Under the law, a borrower defense to repayment provides loan forgiveness to students if their school committed fraud or broke laws.

Independent monitor for the relief process, Joseph Smith, said during the press conference that his team of four attorneys is reviewing claims where the “facts and law are clear,” such as those who attended Heald Colleges in California, Hawaii and Oregon, the Post reports.

Nearly 1,992 claims are tied to those schools, which were the center of an April Dept. of Education fine against CCI for lying about job placement rates to students. Smith estimates that it could be at least three months before those claims are resolved.

As for students who attended other CCI closed schools, there is no specific timeline for settlement.

“One reason this is taking time is we’re trying to be careful about the basis to create classes,” Smith said. “But wherever we can, we will try to treat those claims alike.”

In addition to the borrower defense discharges, the Dept. announced it had received 7,815 claims for closed school discharges, 3,128 of which have been approved.

In all, those resolved cases involved about $40 million in federal student loans, the Post reports.

While students continue to wait for their claims to be reviewed, Business Insider reports that 7,000 have been placed in forbearance or stopped loan collection status. However, while the students aren’t currently making payments, their debts continue to rack up interest.

Ultimately, the Department says it has no idea how much it will cost to forgive the student loan debt of eligible former Corinthian students.

Since 2010, students at the schools have borrowers about $3.2 billion, so the Dept. of Education’s tab could be significant.

“We’re identifying a number of issues, a number problems, with the law and regulation that we hope to square away so that we can better protect students,” Education Under Secretary Ted Mitchell said. “This is something we hope to take up with Congress.”

The review panel’s next progress report is expected to be released in mid-October.

It may be a long time before many Corinthian students get debt relief [The Washington Post]
The US is forgiving $40 million in student debt taken on by thousands of students [Business Insider]


by Ashlee Kieler via Consumerist

Kraft Adds 335K More Cases Of Cheese Singles To Recall Over Packaging Choking Hazard

http://ift.tt/1SVUwis After recalling 36,000 cases of Kraft Singles out of concern that consumers could choke on parts of the film covering individual slices, Kraft Heinz has expanded the recall to include 335,000 more cases of cheese for the same packaging reason.

The company says the problem is more widespread than first believed, with 10 times more of the product involved than was included in the initial recall. In July, Kraft announced it was pulling 36,000 cases of American cheese singles after reports that a thin strip of the film covering individual slices could stick to the food and potentially cause someone to choke.

At that time, Kraft said it’d received three reports of customers choking, and had received seven other complaints about the packaging. Since then, Kraft says in a press release that it’s received two more new reports of customers choking.

The new recall includes 1-, 3- and 4-pound Kraft Singles American and White American cheese product with “Best When Used by Dates” ranging from December 2016 to March 2016, followed by the Manufacturing Code S54 or S55. Both those codes are stamped on both the outer box and individual packages.

The products were sold in the U.S., Puerto Rico, and 10 other countries and territories: Anguilla, the Bahamas, Belize, Bermuda, Grand Cayman, Netherlands Antilles, St. Kitts and Nevis, South Korea, St. Lucia, and the British Virgin Islands.

The July recall was limited to products shipped to retailers in the U.S., Puerto Rico and Grand Cayman with “Best By” dates of Dec. 29, 2016 to Jan. 4, 2016. For a complete list of products, <strong>click here.

Only products with the S54 and S55 codes, which refer to the two production lines on which the impacted product was made, are included in this recall. The “Best When Used By” Date and Manufacturing Code are stamped on both the outer box and the individual packages.

Consumers should return the product to the store where it was purchased for a full refund.


by Mary Beth Quirk via Consumerist
http://ift.tt/1UwI4GN

Here are seven of the best photos that readers added to the Consumerist Flickr Pool in the last week, picked for usability in a Consumerist post or for just plain neatness.

Want to see your pictures on our site? Our Flickr pool is the place where Consumerist readers upload photos for possible use in future Consumerist posts. Just be a registered Flickr user, go here, and click “Join Group?” up on the top right. Choose your best photos, then click “send to group” on the individual images you want to add to the pool.


by Laura Northrup via Consumerist

Thursday, September 3, 2015

eBay Seller Who Sued Customers For Bad Feedback Orderd To Pay $19,250 In Legal Fees

http://ift.tt/1g6Qwjc You may remember that back in 2013, an eBay seller filed a lawsuit against a customer who left him accurate negative feedback, claiming that he hadn’t actually read his own suit when the company’s actions led to Internet backlash. Now the case has finally been resolved, with a judge ordering the seller to pay $19,000 in attorneys’ fees to the local lawyers who took the customer’s case pro bono.

The eBay customer left bad feedback when her package arrived with insufficient postage, and the company filed a libel suit in its home state as a tactic to make her delete the feedback, since she was unlikely to travel there or hire a local attorney. This wasn’t the first time the store had filed this type of lawsuit, observers figured out, and ultimately the case led to multiple sanctions trials and the order to pay legal fees.

Sales at the eBay store fell, but it is still in business. Public Citizen’s Paul Levy reports that the company has changed its name twice since this story blew up in the spring of 2013.

The case and the Internet’s negative reaction to it remains a top search result for the company’s original name, MedExpress, and for its attorneys; maybe, Levy speculates, the case will serve as a warning to people who want to file lawsuits for damages to have bad feedback taken down, and for attorneys who would consider taking these cases.

Med Express v. Nicholls [Public Citizen]


by Laura Northrup via Consumerist

Waze Accused Of Stealing Map Data From Competing Traffic App

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waze-fullHow do you catch someone who you think is stealing your map data? Just put locations on the map that don’t exist, and then look for those locations to show up on the alleged thief’s maps. That’s what traffic-alerting app PhantomAlert did when it believed that competitor Waze was stealing its location database. Now PhantomAlert is suing Waze, which has since been purchased by Google.

PhantomAlert alleges that Waze approached the company in 2010 to propose an arrangement where the two companies would share data about points of interest (businesses, landmarks) as well as traffic and map data. They declined the arrangement, and thought both companies would just go on their way.

PhantomAlert alleges that Waze then began copying information from their maps, including fake items that they deliberately placed in the Points of Interest database. “Waze stole PhantomALERT’s database when Waze could not get it legally, and then sold itself to Google for over $1 billion,” the company’s attorney said in a statement.

PhantomAlert works with standalone GPS devices as well as mobile devices, and charges a subscription fee. Waze is free to use, supporting itself with location-based ads served up on the road. PhantomAlert also alleges that Waze’s parent company, Google, uses data that originated with PhantomAlert in its own maps and other services.

RELATED:
Smartphone Traffic Apps: Are You Gambling With Your Commute?


by Laura Northrup via Consumerist