WAL-MART SETTLES CONSUMER PROTECTION CASE

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http://www.jobbersworld.com/January 19, 2009.htm
Quote:
WAL-MART SETTLES CONSUMER PROTECTION CASE FOR $357,800.00
Shasta County District Attorney Jerry Benito announced that his office joined with the District Attorneys of Monterey, Napa, Solano and Sonoma Counties to settle a consumer protection case filed against Wal-Mart, the makers of "Wal-Mart SuperTech Gear Oil", and their manufacturer, Warren Distribution (an Independent Lubricant Manufacturer). The initial investigation arose out of inspections of Wal-Mart SuperTech Gear Oil by Shasta County Weights and Measures, Petroleum Division officials. Investigators found that the gear oil did not meet the advertised viscosity levels, in violation of California law. The investigation broadened, and the prosecutors joined forces to undertake statewide legal action to eradicate the problem. Wal-Mart's SuperTech gear oil is made by Warren Distribution, a Nebraska corporation.

Wal-Mart and Warren cooperated with prosecutors during the investigation and agreed to undertake additional testing procedures in order to comply with the law. Under the terms of the settlement, without admitting any wrongdoing, Wal-Mart, Inc., agreed to pay $257,800.00 in civil penalties, $75,000.00 to reimburse the costs of the investigation and prosecution, and $25,000.00 in restitution for a total settlement of $357,800.00.

Approximately 5000 bottles of the non-compliant oil was sold in California. Gear oil is primarily used in heavy machinery and large trucks. It is unknown if any engines were damaged by the bad oil, but it is likely that, given California's overall mild climate compared with the rest of the United States, no actual damage was done to any Californian's machinery, as any damage would likely occur only in extreme hot or cold temperatures.

The Shasta County Department of Weights and Measures routinely monitors local businesses and investigates products to ensure compliance with state law. The District Attorney's Office brings actions such as this to ensure that local and national businesses comply with their responsibilities under the law.

The counties and cities involved will equally split the civil penalties paid by Wal-Mart and Warren. This means that Shasta County will receive approximately $65,514.00. The Department of Weights and Measures will be reimbursed for all of the costs of their investigation.

In Shasta County, the case was investigated by Shasta County Department of Weights and Measures and prosecuted by Deputy District Attorney Erin M. Dervin of the Consumer Protection Unit of the District Attorney's Office. The Consumer Protection Unit exists to help consumers with problems they may have with services provided by local businesses or individuals.

For more information about the prosecution, contact District Attorney Jerry Benito or Deputy District Attorney Erin M. Dervin at 245-6310 and for information about the investigation contact Shasta County Agricultural Commissioner/Sealer of Weights & Measures Mary Pfeiffer at 224-4949.

Editor's Note: At this point only those counties mentioned above in California have reported this quality issue and it is unknown to what extend this off-grade product may have been distributed to other Wal-Mart's throughout the United States.

Shell Offers Revitalized Hydraulic Fluid
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Here's a dubious statement:
Quote:
Gear oil is primarily used in heavy machinery and large trucks.


But it's quickly forgotten since the sentence right after it reads;
Quote:
It is unknown if any engines were damaged by the bad oil...


Sadly, but not surprisingly, the counties aren't really concerned about the consumers, they're just concerned with filling their coffers and bullying people with their rules. If it had been about the consumers, they would have forced Wal Mart to try to locate all the people who had bought the mislabeled oil. You know Wal Mart has the power to find people who paid by check or credit card real easily, and they could probably get security camera footage of people who paid by cash.
 
I saw that and cracked up.....
Quote:
Gear oil is primarily used in heavy machinery and large trucks. It is unknown if any engines were damaged by the bad oil......


Bottom line here, sometimes, just sometimes you get what you apy for.

Wish API had more details, the press is too ignorant to dig.
 
I filled my engine with Supertech 75W90 and it seized up! I bet it was off-spec and it was actually 80W90! I demand compensation!
 
I'd like to know what gear oils are affected. Chances are it's probably not of a major concern for my subaru, but I have supertech 80w90 Coventional gear oil in the front diff (ran out of synthetic blend), and synthetic blend 80w90 in the rear..
 
So, how far off were they on viscosity? They said it may affect machinery only at extreme temperatures.

This may be analogous to a dealer denying warranty because 5W-40 was used instead of 5W-30.

Though I'm all for keeping vendors honest, I agree with nicrfe1370 that this smells like a frivolous case.
 
My engine was damaged. It won't even turn over. China*Mart
crackmeup2.gif
 
Quote:
$257,800.00


This is why they're the place of the low low prices. They even shaved what would have (probably) been an even $260k in civil penalties.

OTOH

Quote:
$75,000.00 to reimburse the costs of the investigation and prosecution, and $25,000.00 in restitution


They seemed to round up to the even $$$ figures.
 
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