A staff member here purchased the new Cheetos in the can - similar to a Pringles can. However, as the images above document it was only filled to maybe 2/3 of the cannister. We all have seen the "product may settle during shipping" line on many packaged foodstuffs, but we here are taking exception to these new Cheetos Cans due to this.
Mr "Fat Pride", sir, I will have you know that Cheetos products, and virtually any other bagged or canned chipped or puffed potato and or corn product on the market today is sold be weight and not volume, sir.
ReplyDelete"Questions or comments? Call 1-800-352-4477, weekdays 9:00 a.m. to 4:30 p.m. Central Time."
ReplyDeleteThey keep gd bankers hours on that Cheetos hotline...I would think 24/7 support should be available. Some of us eat Cheetos after dark, gd it.
ReplyDeleteExtracts from the BUSINESS AND PROFESSIONS CODE of California PERTAINING TO WEIGHTS AND MEASURES AND PETROLEUM PRODUCTS CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE DIVISION OF MEASUREMENT STANDARDS
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68 WEIGHTS AND MEASURES § 12604.5. STORES USING AUTOMATIC CHECKOUT SYSTEM REQUIRED TO HAVE READABLE PRICE ON EACH PACKAGE: EXCEPTIONS Repealed Stats 1977 ch 763.§ 12605. PROHIBITION OF DISTRIBUTION OF PACKAGED COMMODITY CONTAINING QUALIFYING WORDS IN SEPARATE STATEMENT OF NET QUANTITY OF CONTENTS: SUPPLEMENTAL STATEMENTS: PROHIBITED QUALIFICATIONS No person subject to the prohibition contained in Section 12602 shall distribute or cause to be distributed in commerce any packaged commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by Section 12603(b), but nothing in this chapter shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents: provided, that such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package. In no case shall any declaration of quantity be qualified by the addition of the words “minimum”, or “when packed”, or words of similar import; nor shall any unit of weight, measure or count be qualified by any term (such as jumbo, giant, full, or the like) that tends to exaggerate the amount of the commodity in the package. Added Stats 1969 ch 1309 § 3.§ 12606. FALSE BOTTOM, ETC., PROHIBITED: CONTAINERS NOT TO BE NONFUNCTIONALLY SLACK FILLED: SEIZURE OF CONTAINER: CONDEMNATION OF CONTAINER: RETURN OF CONTENTS OF CONDEMNED CONTAINER (a) No container wherein commodities are packed shall have a false bottom, false sidewalls, false lid or covering, or be otherwise so constructed or filled, wholly or partially, as to facilitate the perpetration of deception or fraud. (b) No container shall be made, formed, or filled as to be misleading. A container that does not allow the consumer to fully view its contents shall be considered to be filled as to be misleading if it contains nonfunctional slack fill. Slack fill is the difference between the actual capacity of a container and the volume of product contained therein. Nonfunctional slack fill is the empty space in a package that is filled to less than its capacity for reasons other than the following: (1) Protection of the contents of the package. (2) The requirements of machines used for enclosing the contents of the package.
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69 FAIR PACKAGING AND LABELING (3) Unavoidable product settling during shipping and handling. (4) The need to utilize a larger than required package or container to provide adequate space for the legible presentation of mandatory and necessary labeling information, such as those based on the regulations adopted by the Food and Drug Administration or state or federal agencies under federal or state law, laws or regulations adopted by foreign governments, or under an industry wide voluntary labeling program. (5) The fact that the product consists of a commodity that is packaged in a decorative or representational container where the container is part of the presentation of the product and has value that is both significant in proportion to the value of the product and independent of its function to hold the product, such as a gift combined with a container that is intended for further use after the product is consumed, or durable commemorative or promotional packages. (6) An inability to increase the level or fill or to further reduce the size of the package, such as where some minimum package size is necessary to accommodate required labeling, discourage pilfering, facilitate handling, or accommodate tamper-resistant devices. (7) The product container bears a reasonable relationship to the actual amount of product contained inside, and the dimensions of the actual product container, the product, or the amount of product therein is visible to the consumer at the point of sale, or where obvious secondary use packaging is involved. (8) The dimensions of the product or immediate product container are visible through the exterior packaging, or where the actual size of the product or immediate product container is clearly and conspicuously depicted on the exterior packaging, accompanied by a clear and conspicuous disclosure that the representation is the “actual size” of the product or the immediate product container. (9) The presence of any head space within an immediate product container necessary to facilitate the mixing, adding, shaking, or dispensing of liquids or powders by consumers prior to use. (10) The exterior packaging contains a product delivery or dosing device if the device is visible, or a clear and conspicuous depiction of the device appears on the exterior packaging, or it is readily apparent from the conspicuous exterior disclosures or the nature and name of the product that a delivery or dosing device is contained in the package. (11) The exterior packaging or immediate product container is a kit that consists of a system, or multiple components, designed to produce a particular result that is not dependent upon the quantity of the contents, if the purpose of the kit is clearly and conspicuously disclosed on the exterior packaging.
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70 WEIGHTS AND MEASURES (12) The exterior packaging of the product is routinely displayed using tester units or demonstrations to consumers in retail stores, so that customers can see the actual, immediate container of the product being sold, or a depiction of the actual size thereof prior to purchase. (13) The exterior packaging consists of single or multi-unit presentation boxes of holiday or gift packages if the purchaser can adequately determine the quantity and sizes of the immediate product container at the point of sale. (14) The exterior packaging is for a combination of one purchased product, together with a free sample or gift, wherein the exterior packaging is necessarily larger than it would otherwise be due to the inclusion of the sample or gift, if the presence of both products and the quantity of each product are clearly and conspicuously disclosed on the exterior packaging. (15) The exterior packaging or immediate product container encloses computer hardware or software designed to serve a particular computer function, if the particular computer function to be performed by the computer hardware or software is clearly and conspicuously disclosed on the exterior packaging. (c) Any sealer may seize a container that facilitates the perpetration of deception or fraud and the contents of the container. By order of the municipal or superior court of the city or county within which a violation of this section occurs, the containers seized shall be condemned and destroyed or released upon such conditions as the court may impose to insure against their use in violation of this chapter. The contents of any condemned container shall be returned to the owner thereof if the owner furnishes proper facilities for the return. Repealed and Added Stats 1997 ch 711 §§ 1 and 2.§ 12606.2. MISLEADING FOOD CONTAINERS, PROHIBITED (a) This section applies to food containers subject to Section 403 (d) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. Sec. 343 (d)), and Section 100.100 of Title 21 of the Code of Federal Regulations. Section 12606 does not apply to food containers subject to this section. (b) No food containers shall be made, formed, or filled as to be misleading. (c) A container that does not allow the consumer to fully view its contents shall be considered to be filled as to be misleading if it contains nonfunctional slack fill. Slack fill is the difference between the actual capacity of a container and the volume of product contained therein. Nonfunctional slack fill is the empty space in a package that is filled to less than its capacity for reasons other than the following:
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