We reserve the right to kick you while you’re down

From the New York Times: When ‘Liking’ a Brand Online Voids the Right to Sue

So General Mills has joined a growing list of companies that wants to keep consumers from pursuing remedies via the traditional legal methods.  As you’ll read in the article, this has become a regular epidemic since the Supreme Court made a decision in 2011 that allowed AT&T to prevent its customers from joining together in a class-action lawsuit.  Corporations are tired of having to answer to their alleged misdeeds and have instead found ways to short circuit the legal process and funnel complainants through arbitration.  Take, for instance, the case that probably prompted General Mills to go down this road.  From the Times article:

General Mills amended its legal terms after a judge in California on March 26 ruled against its motion to dismiss a case brought by two mothers who contended that the company deceptively marketed its Nature Valley products as “natural” when they contained processed and genetically engineered ingredients.

“The front of the Nature Valley products’ packaging prominently displays the term ‘100% Natural’ that could lead a reasonable consumer to believe the products contain only natural ingredients,” wrote the district judge, William H. Orrick.

He wrote that the packaging claim “appears to be false” because the products contain processed ingredients like high-fructose corn syrup and maltodextrin.

OK, so maybe it sounds like a case of semantics.  Define “natural”.  But there’s a deeper disingenuous trickery going on here.  This is from an article on Law360 published when Judge Orrick wrote his opinion:

General Mills argued that the ingredients list on the packaging for the products at issue cleared up any possible misconception by naming which ingredients weren’t natural.

But Judge Orrick said, “The mere presence of these ingredients in the ingredients list does not clearly refute the explicit message that reasonable consumers may take from the rest of the packaging: that the products are made with only natural ingredients.”

Who cares what the big writing on the front of the packaging says?  Read the fine print; we weren’t lying, we were just obfuscating.  Apparently, General Mills would like the ability to make such questionable claims with impunity, at least so far as their community of loyal friends and supporters is concerned.  Wait, what?  You see, General Mills can’t force just anybody into a binding agreement.  The Average Dick or Jane can walk into a grocery store, buy a product with false claims, and then file a civil suit based on those false claims.  That’s because neither Dick nor Jane has ever benefited from the good graces of General Mills and been bound by their new “friends with benefits” clause.  That special treatment must be earned.  Consider the following from the General Mills website, Legal Terms division:

In exchange for the benefits, discounts, content, features, services, or other offerings that you receive or have access to by using our websites, joining our sites as a member, joining our online community, subscribing to our email newsletters, downloading or printing a digital coupon, entering a sweepstakes or contest, redeeming a promotional offer, or otherwise participating in any other General Mills offering, you are agreeing to these terms.

[a little bit later]

ANY DISPUTE OR CLAIM MADE BY YOU AGAINST GENERAL MILLS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR PURCHASE OR USE OF ANY GENERAL MILLS SERVICE OR PRODUCT (INCLUDING GENERAL MILLS PRODUCTS PURCHASED AT ONLINE OR PHYSICAL STORES FOR PERSONAL OR HOUSEHOLD USE) REGARDLESS OF WHETHER SUCH DISPUTE OR CLAIM IS BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY (TOGETHER, A “DISPUTE”) WILL BE RESOLVED BY INFORMAL NEGOTIATIONS OR THROUGH BINDING ARBITRATION [emphasis all in the original. I guess shouting makes it more sinister.]

What a great deal!  You get the benefit of General Mills’ community building efforts, and they get all your legal rights.  Where do I sign up?  Hold the sarcasm a moment.  Just because they say you give up your rights, doesn’t mean you actually give up your rights, right?  Maybe.  That’s up to a judge to decide, and General Mills can’t escape that courtroom.  It’s too bad General Mills can’t get you to sign a contract when you buy their product like AT&T does.  I’ll wager that their legal team is already working on ways to get language on the packaging that says, “Purchase of this product constitutes consent to the legal terms and conditions found on our website at http://generalmills.com/Legal_Terms.aspx.  Thank you for buying General Mills!”

Where to send the flowers:

General Mills, Inc.
P.O. Box 9452
Minneapolis, MN 55440
800-248-7310, phone
763-764-8330, fax