How do you make the most of lip balm stuck at the bottom of a tube? Either you dip your finger or scrape it with a tool.
Three judges of the California Court of Appeals Ninth Circuit on March 17 said a consumer can determine whether these techniques are "worth the effort" after the judges unanimously ruled in favor of Fresh Inc., a Boston-based manufacturer of Sugar Lip Treatment, in a class-action suit alleging misinformation.
Angela Ebner, a consumer, filed the lawsuit claiming the company was in violation of consumer protection laws, specifically the Sherman Law, which states that a product is already misbranded if the label is already false or misleading.
In her suit, Ebner alleged that the company deliberately misled the consumers by omitting any supplemental information about the product's accessibility. Further, she argued that the product's design, which appeared oversized, gave the impression that the tube contained more than what was stated in the label.
The Sugar Lip Treatment, which is made of sugar and reparative oils, is available for less than $30. It has an indicated size of 4.3 grams (0.15 oz.) for the original tube and 2.2 grams (0.08 oz.) for the mini version. The tube is also equipped with a concealed metallic base weighing 5.35 grams (0.19 oz.), which means, along with the cardboard box, one regular lip balm package can be up to 29 grams (1 oz.).
The lip balm works by twisting the bottom of the tube to reveal the bullet. Ebner, however, said that only 75 percent of the tube became available in each use and she was therefore "deprived of the value of her purchases," the opinion [pdf] said.
However, Fresh Inc. countered by saying that, under consumer laws, it is not required to provide any supplemental information in its packaging. The judge also cited that the company did not commit any federal violation as the box specifically and accurately stated the actual weight and content of the tube.
Furthermore, the twisting mechanism used in Sugar Lip Treatment is common in the market and that consumers like Ebner should be familiar with how it works and that the remaining content is often at the bottom to keep the bullet in place.
"It is up to the consumer to decide whether it is worth the effort to extract any remaining product with a finger or a small tool," ruled the court.
Ebner has yet to issue a statement about the decision.