Forced arbitration hidden inside packaging: Difference between revisions
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==Incident of note== | ==Incident of note== | ||
As reported by [email protected],<ref>Wraithe, Mastodon Post, August 31, 2024 https://mastodon.social/@Wraithe/113058482791600044 </ref> with photograph, a collagen container purchased from Costco had a arbitration agreement on the inside, visible only after the user opened the product, and written in an unconventional way, with the text being written in a circle rather than a simple paragraph. The text is as follows:<blockquote>''READ THIS: By opening and using this product, you agree to be bound by our Terms and Conditions, fully set forth at vitalproteins.com/tc, which include a mandatory arbitration agreement. If you do not agree to be bound, please return this product immediately.'' </blockquote>A preceding report on Vital Proteins Collagen was documented on Reddit in January 2023<ref>default_username20 "Vital Proteins Return for binding Arbitration Agreement label?", Reddit Post, January 8, 2023. https://www.reddit.com/r/Costco/comments/106iin4/vital_proteins_return_for_binding_arbitration/?rdt=42766</ref> | As reported by [email protected],<ref>Wraithe, Mastodon Post, August 31, 2024 https://mastodon.social/@Wraithe/113058482791600044 </ref> with photograph, a collagen container purchased from Costco had a arbitration agreement on the inside, visible only after the user opened the product, and written in an unconventional way, with the text being written in a circle rather than a simple paragraph. The text is as follows:<blockquote>''READ THIS: By opening and using this product, you agree to be bound by our Terms and Conditions, fully set forth at vitalproteins.com/tc, which include a mandatory arbitration agreement. If you do not agree to be bound, please return this product immediately.'' </blockquote>A preceding report on Vital Proteins Collagen was documented on Reddit in January 2023.<ref>default_username20 "Vital Proteins Return for binding Arbitration Agreement label?", Reddit Post, January 8, 2023. https://www.reddit.com/r/Costco/comments/106iin4/vital_proteins_return_for_binding_arbitration/?rdt=42766</ref> | ||
==References== | ==References== | ||
Revision as of 17:58, 6 February 2025
Background: arbitration and lead-contaminated products
This article focuses on hidden forced arbitration (a practice wherein the terms of service are shown only after opening the package), dubbed "shrinkwrap arbitration"—specifically by Vital Proteins, a collagen supplement provider and Costco, a wholesale store. The company has a history of anti-consumer practices.
In 2018, Vital Proteins filed for settlement in the Superior Court of the State of California over lead and cadmium in their products.[1] No demonstrably safe threshold for lead exposure has been identified.[2]
Arbitration is an alternative to court proceedings. It is alternative proceeding, conducted off of the public record, and away from the eyes of investors, and other potential plaintiffs. Arbitration may include nondisclosure agreements. It avoids costly court procedures, but it strips citizens of their due process rights. Forced arbitration suffers numerous critiques. The business is a repeat customer of the arbitrator, so the business has an undue appearance of influence. Arbitration can be used to avoid court for cases which may otherwise be things such as liability for wrongful death or sexual assault.[3]
Incident of note
As reported by [email protected],[4] with photograph, a collagen container purchased from Costco had a arbitration agreement on the inside, visible only after the user opened the product, and written in an unconventional way, with the text being written in a circle rather than a simple paragraph. The text is as follows:
READ THIS: By opening and using this product, you agree to be bound by our Terms and Conditions, fully set forth at vitalproteins.com/tc, which include a mandatory arbitration agreement. If you do not agree to be bound, please return this product immediately.
A preceding report on Vital Proteins Collagen was documented on Reddit in January 2023.[5]
References
- ↑ Superior Court of the State of California County of Alameda, Stipulated Consent Judgement, Environmental Research Center Inc. vs. Vital Proteins, LLC and DOES 1-100. Case RG18905420. https://oag.ca.gov/system/files/prop65/settlements/2017-02480S6659.pdf
- ↑ Vorvolakos T, Arseniou S, Samakouri M. There is no safe threshold for lead exposure: Α literature review. Psychiatriki. 2016 Jul-Sep;27(3):204-214. doi: 10.22365/jpsych.2016.273.204. PMID: 27837574.
- ↑ Sara Ashley O'Brien, Nelli Black, Curt Devine and Drew Griffin, CNN, CNN investigation: 103 Uber drivers accused of sexual assault or abuse, September 18, 2018 https://edition.cnn.com/2018/09/28/tech/uber-driver-sexual-assault/index.html
- ↑ Wraithe, Mastodon Post, August 31, 2024 https://mastodon.social/@Wraithe/113058482791600044
- ↑ default_username20 "Vital Proteins Return for binding Arbitration Agreement label?", Reddit Post, January 8, 2023. https://www.reddit.com/r/Costco/comments/106iin4/vital_proteins_return_for_binding_arbitration/?rdt=42766
Associated video: https://www.youtube.com/watch?v=-5oxUH86XSA