HelloFresh

TINA.org investigated the meal kit company HelloFresh and found that it deceptively advertises “free” meals to lure consumers to enter their credit card information on its website through a process that employs dark patterns designed to pressure consumers to speed through their transactions and avoid reading the material terms of its subscription autorenewal program, which are not clearly and conspicuously disclosed, in violation of the Restore Online Shoppers’ Confidence Act (ROSCA) and FTC law.

Highlights

Filed complaint with FTC
Filed complaint with CT and MA state regulators
NAD recommended the company make changes to its marketing

Timeline

2023

October 25

NAD opened a compliance inquiry and determined that, while most of the company’s advertising complied with NAD’s May recommendations, some material terms – including that subscriptions renew automatically and that certain offers apply only to new subscriptions and vary by plan – were not clearly and conspicuously disclosed. NAD recommended that the marketer modify its advertising to disclose autorenewal terms in close proximity to its “Free meals” claims, make the size of disclosures more conspicuous onscreen in television advertisements, and ensure that disclosures in audio advertisements can be heard and understood.

July 10

TINA.org sends a complaint letter to the Massachusetts Attorney General’s Office urging it to take action to stop HelloFresh’s deceptive marketing and illegal business practices.

Complaint to MA AG

May 11

NAD investigated HelloFresh’s marketing and determined that it did not properly disclose the material terms and conditions that applied to its “free meals” offers and recommended the company modify its advertising to clearly and conspicuously disclose such information in close proximity to the “free” claims.

NAD also recommended that HelloFresh modify or discontinue its flash sale claims and countdown timer unless the sale or offer is time sensitive.

2022

December 8

HelloFresh returns to regularly making unqualified “free meals” claims in its marketing materials.

Dec 2022 and Jan 2023 HelloFresh promotional emails

October 3

As of this date, HelloFresh revises certain marketing materials to qualify its “free meals” claim to indicate that the offer is for free meals “across 8 boxes” (though still deceptively claims the discount is a free offer) and removes some (but not all) ads using the unqualified “free meals” claim. In addition, with respect to its checkout process, HelloFresh is now using bold font (as opposed to the original regular font) for the language directly above the “Place Order” button referring to the company’s Terms and Conditions.

June 22

TINA.org sends complaint letters to the FTC and Connecticut state regulators urging them to take action to stop HelloFresh’s deceptive marketing and illegal business practices.