Class action suit filed against Amalie oil

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Originally Posted by Tom NJ
Originally Posted by Shannow
They are intentionally creating an product and packaging that would lead the average person (note in Oz law, it's an average consumer that's the test, not a BITOGer, Terry Dyson, or oil company engineer that's the test subject) to incorrectly believe that it's appropriate for at least some of the cars in the carpark outside the store.


Exactly! You can bet that a lot of careful thought went into the design of that front label. Marketers know very well that many if not most consumers will not read the back label if the front label clearly states what they want to see. The front label is the primary communication to the buyer; it sends the message that they want the buyer to believe.

So what was Amalie's message to consumers when they chose to put the word PREMIUM in the largest capitalized print at the top of the front label? Were they trying to warn the buyer that the oil is not suitable for cars built in the last 88 years and could cause damage to their car? Or were they implying that the oil is of "premium" quality?

And what was the message with the racing flag? Could it be that the oil is a high performance product good enough for the grueling environment of racing?

And what was the message with the words "SPECIAL" and "Protects like no other"? These words imply that the oil stands out among competing products.

And what is the message with that round red swirl symbol, located where most oil labels position the round Starburst symbol?

Even the back label, for those who chose to turn the bottle around, continues with false and misleading statements, using words like "quality blend" and "protection against oxidation and corrosion" and "excellent and durable lubrication". And why select the words "older" cars; how many people would interpret "older" to extend back to 1930!

And to top it off, the oil is not even an SA grade! It is an SB.

It appears to me that that crucial front label was carefully designed to knowingly and intentionally deceive innocent consumers into believing this oil is not only suitable for their car engine, but actually superior.

There is no defense for such outright deception of 99% of the population. Only the 1% who actually know what SA means see nothing wrong with these labels. That tiny printed SA warning at the bottom of the back label does not excuse all the deception covering the rest of the labels. The fact is this oil can damage the vast majority of engines on the road today, and yet it is presented to the public as a "PREMIUM" and "SPECIAL" oil, a "quality blend" that "Protects like no others" and provides "excellent and durable lubrication" and even has some racing credentials. What kind of company does that?

Sorry, but this lawsuit is justified and has teeth, and I hope it serves as a warning to the many other marketers who misrepresent poor quality oils as suitable for the intended purpose.

Tom NJ







Completely agree. I will never consider an Amalie product.

Sam
 
Originally Posted by dishdude
If I walk into a QT or Sheetz and pick up a bottle of water in the cooler, I expect it to be fit for human consumption. Same goes for motor oil, selling used oil for a 1930 model year car is no different than selling bottled toilet water along side Fiji and Aquafina.


I agreed
 
Originally Posted by Sam_Julier
Originally Posted by Tom NJ
Originally Posted by Shannow
They are intentionally creating an product and packaging that would lead the average person (note in Oz law, it's an average consumer that's the test, not a BITOGer, Terry Dyson, or oil company engineer that's the test subject) to incorrectly believe that it's appropriate for at least some of the cars in the carpark outside the store.


Exactly! You can bet that a lot of careful thought went into the design of that front label. Marketers know very well that many if not most consumers will not read the back label if the front label clearly states what they want to see. The front label is the primary communication to the buyer; it sends the message that they want the buyer to believe.

So what was Amalie's message to consumers when they chose to put the word PREMIUM in the largest capitalized print at the top of the front label? Were they trying to warn the buyer that the oil is not suitable for cars built in the last 88 years and could cause damage to their car? Or were they implying that the oil is of "premium" quality?

And what was the message with the racing flag? Could it be that the oil is a high performance product good enough for the grueling environment of racing?

And what was the message with the words "SPECIAL" and "Protects like no other"? These words imply that the oil stands out among competing products.

And what is the message with that round red swirl symbol, located where most oil labels position the round Starburst symbol?

Even the back label, for those who chose to turn the bottle around, continues with false and misleading statements, using words like "quality blend" and "protection against oxidation and corrosion" and "excellent and durable lubrication". And why select the words "older" cars; how many people would interpret "older" to extend back to 1930!

And to top it off, the oil is not even an SA grade! It is an SB.

It appears to me that that crucial front label was carefully designed to knowingly and intentionally deceive innocent consumers into believing this oil is not only suitable for their car engine, but actually superior.

There is no defense for such outright deception of 99% of the population. Only the 1% who actually know what SA means see nothing wrong with these labels. That tiny printed SA warning at the bottom of the back label does not excuse all the deception covering the rest of the labels. The fact is this oil can damage the vast majority of engines on the road today, and yet it is presented to the public as a "PREMIUM" and "SPECIAL" oil, a "quality blend" that "Protects like no others" and provides "excellent and durable lubrication" and even has some racing credentials. What kind of company does that?

Sorry, but this lawsuit is justified and has teeth, and I hope it serves as a warning to the many other marketers who misrepresent poor quality oils as suitable for the intended purpose.

Tom NJ







Completely agree. I will never consider an Amalie product.

Sam




I agree Sam. No Amalie for me either..

A under handed garbage move by them. I expect a bit better than that.

Does Pennzoil, Chevron, Valvoline, Castrol, Mobil, Warren Oil, Warren Distribution do things like that??

I don't believe so.
 
Originally Posted by bbhero
Originally Posted by Sam_Julier
Originally Posted by Tom NJ
Originally Posted by Shannow
They are intentionally creating an product and packaging that would lead the average person (note in Oz law, it's an average consumer that's the test, not a BITOGer, Terry Dyson, or oil company engineer that's the test subject) to incorrectly believe that it's appropriate for at least some of the cars in the carpark outside the store.


Exactly! You can bet that a lot of careful thought went into the design of that front label. Marketers know very well that many if not most consumers will not read the back label if the front label clearly states what they want to see. The front label is the primary communication to the buyer; it sends the message that they want the buyer to believe.

So what was Amalie's message to consumers when they chose to put the word PREMIUM in the largest capitalized print at the top of the front label? Were they trying to warn the buyer that the oil is not suitable for cars built in the last 88 years and could cause damage to their car? Or were they implying that the oil is of "premium" quality?

And what was the message with the racing flag? Could it be that the oil is a high performance product good enough for the grueling environment of racing?

And what was the message with the words "SPECIAL" and "Protects like no other"? These words imply that the oil stands out among competing products.

And what is the message with that round red swirl symbol, located where most oil labels position the round Starburst symbol?

Even the back label, for those who chose to turn the bottle around, continues with false and misleading statements, using words like "quality blend" and "protection against oxidation and corrosion" and "excellent and durable lubrication". And why select the words "older" cars; how many people would interpret "older" to extend back to 1930!

And to top it off, the oil is not even an SA grade! It is an SB.

It appears to me that that crucial front label was carefully designed to knowingly and intentionally deceive innocent consumers into believing this oil is not only suitable for their car engine, but actually superior.

There is no defense for such outright deception of 99% of the population. Only the 1% who actually know what SA means see nothing wrong with these labels. That tiny printed SA warning at the bottom of the back label does not excuse all the deception covering the rest of the labels. The fact is this oil can damage the vast majority of engines on the road today, and yet it is presented to the public as a "PREMIUM" and "SPECIAL" oil, a "quality blend" that "Protects like no others" and provides "excellent and durable lubrication" and even has some racing credentials. What kind of company does that?

Sorry, but this lawsuit is justified and has teeth, and I hope it serves as a warning to the many other marketers who misrepresent poor quality oils as suitable for the intended purpose.

Tom NJ







Completely agree. I will never consider an Amalie product.

Sam




I agree Sam. No Amalie for me either..

A under handed garbage move by them. I expect a bit better than that.

Does Pennzoil, Chevron, Valvoline, Castrol, Mobil, Warren Oil, Warren Distribution do things like that??

I don't believe so.


Yes, I think Warren does, and some of the small blenders. This should be a warning to all any and all lube vendors that this behavior can have serious backlash in the market place.
 
Amalie Oil Co is a privately held company. If they had been a public company, I think their stock price would have taken a bit of a hit when this was announced.
 
I don't know if Warren does.... I've not seen anything but at minimum API SL 10w30 and 10w40 from them at a gas station near me... Overwhelming majority of the oil I see that are Warren oil is API SN approved.

I have never seen anything like that SA stuff ever with a Warren Oil name on it.

Smitty's has this same problem has Amalie.... They do sell hooptyfied oil... Out of spec oil.
 
Originally Posted by dishdude
If I walk into a QT or Sheetz and pick up a bottle of water in the cooler, I expect it to be fit for human consumption. Same goes for motor oil, selling used oil for a 1930 model year car is no different than selling bottled toilet water along side Fiji and Aquafina.



You don't pay attention to what your consuming?
 
Originally Posted by aquariuscsm
What about this one?
https://www.fastenal.com/products/details/0401897

Per label:
API Service SB (obsolete)(1) Caution: Non-Detergent Motor Oil is not recommended for use in automotive gasoline engines built after 1963.



Thats a Non Detergent oil with the "Non Detergent" part spelled out in large letters on the front. That is mostly for certain equipment like older mowers, air compressors, etc... so it has its place.
It even says "Recommended for use in Industrial applications" on the front of the bottle. Not a word about cars at at all.

So that one is pretty clear. If the one the OP linked to said that I would agree the lawsuit is bad. But it says "Premium SAE Motor Oil, Protects like no other" on it instead. So I hope they get cleaned out over that BS.
 
I have no problem with companies selling SA oils, just don't call them "motor" oils and position them on shelves alongside legitimate motor oils. Call them compressor oil, or hydraulic oil, or general purpose oil, or hinge oil, or whatever, but calling them "motor" oil when they are unsuitable for 99% of the "motors" on the road is just plain dishonest. Exploiting innocence for profit is despicable!
 
Personally, it would be better if they'd get rid of the word "Premium" on the label. Yes, people are dumb and don't read labels, but the word "Premium" on the front doesn't fit. There's nothing premium about this product, and that will mislead people, even if they should be knowing better.

Who out there needs what is essentially a non-detergent 10w-40? If I want compressor oil, I'll grab a non-detergent monograde. If I need something fancier for cold weather for a compressor, Shell, Amsoil, RP, and Mobil can take care of my needs.

As much as I want people to read labels and understand motor oil specifications, I would love Amalie to tell me who they actually expect to buy this oil. I'm not sure we have a lot people going to Dollar Generals and the ilk for their maintenance needs for their Model As.
 
Originally Posted by Subyroo
The bottle is clearly marked SA, along with the EXACT wording on the API's website about its unsuitability for cars after 1930. There's no deceptive marketing; it's marked in at least two different places that it is API SA. Do I agree it probably has no place being sold? Absolutely. Do I think there is any merit to suing the company for deceptive practices? Absolutely not...

...Torts are for INTENTIONAL acts of deception. Just because the plaintiffs cannot read or comprehend warnings does not mean the company is liable for their stupidity. He got exactly what he chose off the shelf, and paid for. Also, the plaintiff has not proven he suffered any actual damages outside of his own inability to use his brain. This will get thrown out, and yes, MAYBE AOC will pull this oil from the market, but I don't see any way AOC ends up settling or losing this lawsuit. And then there's this:

Quote
Without a class action, Class Members will continue to suffer damages


Then the lawyers are admitting that you can't fix stupid, and unless you give the stupids a big paycheck, they'll continue to do stupid things. IMHO, if you do stupid things of your own accord, you have consequences you need to resolve, not at somebody else's expense. Stop buying SA oils, and the production disappears...



+2
 
Looks like with XCEL, Amalie has an entire line of garbage oils. Their XHD Turbo oil looks like crap too. I wonder how much they can be saving here? If they put the same stuff in these bottles they put in SuperTech or AutoZone bottles, how much more would it cost them?
 
At least put a disclaimer NOT SUITABLE FOR MODERN AUTOMOTIVE USE on anything earlier then SJ or SH. Amalie has a right to sell their s$%^ oil, but not to deceptively market what is a lubricating oil for a compressor or small two stroke engine and imply that it is a premium motor or engine oil for a modern car, something which is reinforced when retailers stock it next to normal SN and SM engine oils.
 
Originally Posted by GZRider
At least put a disclaimer NOT SUITABLE FOR MODERN AUTOMOTIVE USE on anything earlier then SJ or SH. Amalie has a right to sell their s$%^ oil, but not to deceptively market what is a lubricating oil for a compressor or small two stroke engine and imply that it is a premium motor or engine oil for a modern car, something which is reinforced when retailers stock it next to normal SN and SM engine oils.


The label actually does state that.
 
Or at the very least put something on the front that says... "STOP READ DIRECTIONS BEFORE USING" and then in the directions clearly lay out that it's not meant to be used in any gasoline engine produced after XXXX date.
 
Originally Posted by rooflessVW
I see no problem with Amalie producing this product, nor do I see a problem with the labeling.

What I do have an issue with is the stores choosing to stock the oil.

Amalie doesn't sell this oil at gas stations, they sell it TO gas stations.

Gas stations purchase this oil because it is probably the cheapest and the margins are good. THEY sell this oil to consumers.


^^^ This!
Should this oil be offered at quicky mart gas stations?
If it weren't on these retail shelves then people wouldn't buy it because they couldn't.
Why not a little outrage directed at these unscrupulous retailers?
I guess that these guys aren't a lawsuit target because you'd have to name too many of them and their pockets probably aren't very deep.
Much easier to go after a single entity which may actually have some resources from which the attorneys who filed this on behalf of an unknowing class of plaintiffs can recover a nice fee. The plaintiff class will get nothing since how many of them will actually have a receipt to show that they had ever purchased this oil? Also, to recover damages in a suit, one has to show actual and not potential injury, which might hard to show in this case.
 
Originally Posted by aquariuscsm
Originally Posted by GZRider
At least put a disclaimer NOT SUITABLE FOR MODERN AUTOMOTIVE USE on anything earlier then SJ or SH. Amalie has a right to sell their s$%^ oil, but not to deceptively market what is a lubricating oil for a compressor or small two stroke engine and imply that it is a premium motor or engine oil for a modern car, something which is reinforced when retailers stock it next to normal SN and SM engine oils.


The label actually does state that.



In the smallest print, on the back of the bottle. But the front of the bottle in large font says "Premium SAE Motor Oil, Protects like no other". No mention it should not be used in any car made after 1930 on the front let alone regular size font.
 
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