Walmart
TINA.org investigations into Walmart have revealed that the retail giant repeatedly engaged in false and deceptive Made in USA marketing on its website, and used undisclosed stealth marketing directed at young children in advergames to sell products.
(TINA.org also objected — as amicus curiae — to a class-action settlement that sought to resolve claims filed against Walmart and others for falsely labeling glucosamine supplements as able to rebuild cartilage and support joint comfort without competent scientific evidence to support such claims. To read more about that action, click here.)
Highlights
- Sent warning letter to Walmart
- Filed complaint with FTC
- FTC investigated Walmart's marketing and sent closing letter to company
- Sent additional letters to FTC regarding Walmart's ongoing deceptive MUSA practices
- Sent letter to CARU and Walmart regarding deceptive Walmart advergame on Roblox
- Walmart removed advergame from Roblox
Timeline
2023
March 27
TINA.org, along with Fairplay, Center for Digital Democracy, National Association of Consumer Advocates, and Common Sense Media, respond to CARU’s letter expressing ongoing concern about its decision regarding Walmart Universe of Play, as well as its COPPA Safe Harbor Program in general.
As of March 10
Walmart removes its Universe of Play from Roblox search results and locked the experience on the platform so that children cannot access this undisclosed advergame.
January 31
CARU responds to advocacy groups’ letter regarding Walmart Universe of Play and stands by its decision to admit the advergame into its COPPA Safe Harbor Program.
January 23
TINA.org, along with Fairplay, Center for Digital Democracy, and National Association of Consumer Advocates, sends a letter to the Children’s Advertising Review Unit (CARU) regarding Walmart Universe of Play.
2021
February
Following TINA.org’s complaint to the FTC, Walmart quietly removes a link on its website to “Find American-Made Products on Walmart.com” that led to nearly 2,000 “made in usa” listings and replaces it with a link to a company blog published in 2019 about a woman who found work at a U.S. factory.
January 19
After finding that Walmart is still advertising products as Made in the USA when they contain imported parts, TINA.org sends a new complaint to the FTC urging it to reopen its investigation and take appropriate enforcement action.
2017
Walmart changes its Made in USA Origin Disclaimer present on every product page. The disclaimer on each page is now more general and states: “While we aim to provide accurate product information, it is provided by manufacturers, suppliers and others, and has not been verified by us. See our disclaimer.” The sentence then links to a pop-up, which states, in relevant part: “Product packaging and material may contain more and/or different information from the website, including the product description, country of origin, nutrition, ingredient, allergen and other information. Always read labels, warnings, and directions and other information provided with the product before using or consuming a product. For additional information about a product, please contact the manufacturer.”
2016
June 28
After reinvestigating Walmart.com and finding that it still contains Made in the USA misrepresentations (despite Walmart’s numerous assurances that it had fully corrected the issue last year), TINA.org sends a complaint letter to FTC.
2015
November 12
TINA.org sends a letter to the FTC regarding Walmart.com’s ineffective Made in the USA disclaimer.
October 23
A review of Walmart’s website by TINA.org reveals that, despite the company’s removal of the vast majority of false and deceptive Made in the USA claims, some misrepresentations still exist, prompting TINA.org to alert the company, as well as the FTC.
October 20
The FTC — which investigated Walmart after receiving TINA.org’s complaint — notifies the company that it will not be pursuing further action due to Walmart’s assurance that it has removed all U.S.-origin representations from its website.
July 14
Due to Walmart’s failure to fully correct the false and deceptive Made in the USA representations on its website, TINA.org sends a complaint letter to the FTC urging it to take action against the company.
June 25
Walmart informs TINA.org that the USA misrepresentations on the company’s website will be corrected within two weeks.
June 24
Walmart’s Vice President of U.S. Sourcing sends a letter to TINA.org stating, among other things, that the company is taking steps to ensure that the misrepresentations are corrected and that it is also “undertaking a more extensive quality assurance review to eliminate these kinds of coding errors in the future.”
June 22
TINA.org sends a warning letter to Walmart’s CEO, General Counsel, and Chief Marketing Officer, alerting them to the issues uncovered by TINA.org’s investigation and requesting that the company confirm in writing by June 26, 2015 that Walmart intends to remove from its website all false and deceptive USA representations.
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Class-Action Tracker
Great Value and Sam’s Choice Seafood
Allegations: Falsely marketing products as sustainable
equate Sunscreens
Allegations: Falsely marketing sunscreens as “Reef Friendly”
Great Value Macaroni & Cheese Original Cups
Allegations: Falsely marketing that products contain no artificial flavors or preservatives
Great Value Mac and Cheese Cups
Allegations: Misleadingly marketing that products are made with real cheddar cheese
equate Sport Sunscreen Spray
Allegations: Falsely marketing sunscreens as “Reef Friendly”
Toddler Beginnings
Allegations: Misleadingly marketing products as nutritionally appropriate for children who are nine months and older
Great Value Diced Peaches
Allegations: Falsely marketing that the peaches come in “100% Juice”
Mainstays and Expert Grill Aluminum Products
Allegations: Falsely marketing products as “Made in USA”
Parent’s Choice Yogurt Bites
Allegations: Falsely marketing products as containing “No Preservatives”
Walmart’s Shelf Prices
Allegations: Charging consumers more than the price advertised on store shelves
Parent’s Choice Baby Petroleum Jelly Skin Protectant
Allegations: Falsely marketing products as hypoallergenic
Several Brands of Frozen Waffles and Pancakes
Allegations: Failing to disclose that products are contaminated with the bacterium listeria monocytogenes
Great Value Refined Avocado Oil
Allegations: Falsely marketing products as avocado oil
2019-2022 Onn Surf and Pro Tablets
Allegations: Marketing products as high quality, durable and appropriate for children to use when the display screens crack and malfunction during ordinary use due to a defect
Great Value Coffee Creamer
Allegations: Products contain fewer servings than advertised
Great Value Apple Juice
Allegations: Failing to disclose that products contain, or are at risk of containing, more inorganic arsenic than the FDA allows in apple juice
Equate Acne Products
Allegations: Misleadingly representing that products were safe when they contain, or were at risk of containing, the carcinogen benzene
Prices at Walmart
Allegations: Charging consumers more than the prices advertised in store aisles
Spring Valley Fish Oil Omega-3 Dietary Supplements
Allegations: Misleadingly marketing that products support heart health without scientific evidence to support such claims
100% Grated Parmesan Cheese Claims
Allegations: Misleadingly marketing parmesan cheese products as “100%” grated parmesan cheese
Equate Cold and Flu Medicines
Allegations: Falsely marketing products as non-drowsy
Spring Valley Glucosamine Sulfate
Allegations: Falsely representing that products contain glucosamine sulfate when they actually contain glucosamine hydrochloride
equate Upper Arm Blood Pressure Monitors
Allegations: Falsely marketing that devices accurately measure blood pressure
Sudafed, Tylenol, NyQuil, Theraflu, Mucinex, and Several Store Brands
Allegations: Falsely marketing that phenylephrine products treat congestion and other cold and flu symptoms
Sudafed, Tylenol, DayQuil, NyQuil and Store Brand Cold and Flu Medicines
Allegations: Falsely marketing that phenylephrine products treat congestion and other cold and flu symptoms
Walmart’s Return Policy
Allegations: Misrepresenting that customers may return items for a refund within 90 days unless they fall under one of the categories of exceptions without disclosing that customers who paid using…
NyQuil, Tylenol, Sudafed, Mucinex, and Several Store Brands
Allegations: Falsely marketing that medicines treat nasal congestion
Cold and Flu Medicines
Allegations: Falsely marketing the products treat nasal congestion
Hefty and Great Value Recycling Bags
Allegations: Misleadingly marketing products as “recycling” bags
Herbal Essences Dry Shampoos and Conditioners
Allegations: Failing to disclose that products contain the carcinogen benzene
Mucinex, Tylenol, Sudafed PE, Robitussin, Theraflu, Vicks, and Other Cold and Flu Medicines
Allegations: Falsely marketing that medicines treat nasal congestion
Tylenol, TheraFlu, Mucinex, and Several Store Brands of Cold and Flu Medicines
Allegations: Falsely marketing medicines as nasal decongestants
Sudafed, Benadryl, Vicks NyQuil, Mucinex, and Walmart’s Equate
Allegations: Falsely marketing that medicines treat congestion
Sudafed, Benadryl, Mucinex Robitussin, and Walmart’s Equate Cold and Flu Medicines
Allegations: Falsely marketing that medicines relieve nasal congestion and sinus pressure
Equate Phenylephrine Cold and Flu Medicines
Allegations: Falsely marketing that medicines combat congestion and other sinus issues
Several Brands of Cold and Flu Medicines
Allegations: Falsely marketing that phenylephrine products treat congestion and other cold and flu symptoms
DayQuil, NyQuil, and Walmart’s Equate
Allegations: Falsely marketing that medicines relieve nasal decongestion
Theraflu, Sudafed, Tylenol, and other Cold & Flu Medicines
Allegations: Falsely marketing medicines as decongestants
Mucinex, Sudafed, Tylenol, Benadryl and Other Cold & Flu Medicines
Allegations: Falsely marketing medicines as decongestants
Sudafed, CVS, Advil, Up & Up, Signature Care, Equate, and Tylenol Cold and Flu Medicines
Allegations: Falsely marketing that medicines treat nasal congestion
Great Value Peach Tea Drink Enhancer
Allegations: Misleadingly marketing products using the phrase “Natural Flavor With Other Natural Flavors”
Spark Toys
Allegations: Marketing that toys are appropriate for children under the age of three when the toys contain dangerous levels of a toxic substance
Great Value Mixed Fruit Cups
Allegations: Misleadingly marketing products as “Mixed Fruit in 100% juice”
Ottomanson, Sweet Home Collection, LUXE Life, and Other Bamboo Products
Allegations: Misleadingly marketing products as rayon, eco-friendly, and sustainable
Sunrise Growers Frozen Fruit Products
Allegations: Failing to disclose that products contain a bacterium that could lead to serious adverse health consequences
Walmart’s Hotel Style Bed Sheets
Allegations: Falsely marketing that sheets have a higher thread count than they actually do
Great Value Whole Grain Saltine Crackers
Allegations: Misleadingly marketing crackers as “Made With Whole Grain”
Great Value Fruit & Grain Cereal Bars
Allegations: Failing to adequately disclose that products contain an artificial ingredient that enhances the characterizing fruit flavors
Artnaturals and Other Hand Sanitizers
Allegations: Failing to disclose that products contain a dangerous amount of the carcinogen benzene
Great Value Fruit and Grain Cereal Bars and Great Value Drink Enhancers
Allegations: False natural claims
Onn Surf and Pro Tablets
Allegations: Misleadingly marketing products as dependable, versatile, and high-quality
Great Value Apple Juice
Allegations: Failing to disclose that products contain chemical preservatives
Great Value Recycling Drawstring Bags
Allegations: Misleadingly marketing products as “recycling” bags that are “designed to handle everyday recycling loads around the house” and “easy sorting for municipal recycling programs” when the bags are made…
Equate “Non-Drowsy” Cold and Flu Medicines
Allegations: Misleadingly marketing medicines as “non-drowsy” when an ingredient in them causes drowsiness
Equate Kids Sunscreen Stick and Other Sunscreens
Allegations: Falsely marketing sunscreens as “hypoallergenic” when they contain a significant amount of allergens, irritants, and other damage-causing chemicals
Several Brands of Baby and Infant Formula Powders
Allegations: Products make fewer bottles of formula than advertised
Several Store Brand Acetaminophen Products
Allegations: Marketing products as safe pain relievers for pregnant women without warning consumers that scientific evidence shows prenatal exposure to APAP can cause neurodevelopmental disorders in children
Great Value Veggie Straws
Allegations: Falsely marketing products as containing “No Artificial Flavors or Preservatives” when they contain a chemical preservative and a synthetic flavoring ingredient
Parent’s Choice Baby Food Products
Allegations: Failing to disclose baby foods contain toxic heavy metals
equate Hydrogen Peroxide
Allegations: Falsely marketing the product treats minor cuts and abrasions when scientific evidence shows it does not have such treatment capabilities
Walmart+ Subscriptions
Allegations: Misleadingly marketing the terms of subscriptions
Great Value Fudge Mint Cookies
Allegations: Misleadingly marketing ingredients in cookies
Great Value Honey Mustard
Allegations: Misleadingly marketing that honey is the primary sweetener
Great Value Coffee Creamer
Allegations: Misleadingly marketing the product as coffee creamer
Spring Valley Garcinia Cambogia
Allegations: Falsely advertising that supplements provide “weight management support” when scientific evidence shows the active ingredients are incapable of providing weight-loss benefits
Great Value Oats & Honey Crunchy Granola Bars
Allegations: Falsely marketing the ingredients in granola bars
Great Value Reduced Fat Mayo With Olive Oil
Allegations: Misleadingly marketing products as made with olive oil when the ingredients list shows they contain more soybean oil than olive oil
Sale Prices of Walmart’s Weighted Foods
Allegations: Charging more than the advertised sale price of food that is priced based on weight
Equate Lidocaine Patches
Allegations: Misleadingly marketing lidocaine pain relief patches
Walmart’s Parent’s Choice Pediatric Shakes
Allegations: False natural claims
Equate Dry Spray
Allegations: Failing to disclose products contain the carcinogen benzene
Linksys Dual Band AC1000 WiFi Router
Allegations: Internet routers operate at slower speeds than advertised
Johnson & Johnson’s Baby Powder
Allegations: Failing to adequately disclose that powders contain a dangerous ingredient
Folgers Ground Coffee Sold at Walmart
Allegations: Products do not make the number of cups advertised on the label
Equate Oil-Free Cosmetics
Allegations: False “oil-free” claims
Parent’s Choice Baby Foods
Allegations: Failing to disclose baby foods contain toxic heavy metals
Folgers Classic Decaf Medium Roast Ground Coffee
Allegations: Products do not make the number of cups of coffee advertised on the label
Several Brands of Baby Foods
Allegations: Failing to disclose baby foods contain toxic heavy metals
Onn Power Banks
Allegations: Deceptively inflating the mAh ratings for Onn power banks
Store-Brand Hand Sanitizers
A class-action lawsuit was filed against Vi-Jon for allegedly falsely marketing that store-brand hand sanitizers – including Equate, Up & Up, Walgreens, and Germ-X – “Kill[] 99.99% of germs” when,…
Canisters of Great Value Ground Coffee
In August 2020, a class-action lawsuit was filed against Walmart for allegedly falsely representing that Great Value ground coffee products will make a specific number of cups of coffee when,…
Equate Infant’s Pain & Fever Acetaminophen
In August 2020, a class-action lawsuit was filed against Perrigo Company and Walmart for allegedly misleadingly marketing that Equate Infant’s Pain & Fever Acetaminophen is formulated specifically for infants and…
Walmart’s Lifetime Tire Balancing and Rotation Policy
In September 2020, a class-action lawsuit was filed against Walmart for allegedly representing that consumers who purchased its lifetime tire balancing and rotation policy for tires would get tire rotation…
Equate Infant’s and Children’s Pain & Fever Acetaminophen
In June 2020, a class-action lawsuit was filed alleging that Walmart misleads consumers by marketing Equate™ Infant’s Pain & Fever Acetaminophen and Equate™ Children’s Pain & Fever Acetaminophen as different…
Several Store-Brand Hand Sanitizers
In July 2020, a class-action lawsuit was filed against Vi-Jon, Inc. for allegedly falsely advertising that germ-X and several store-brand hand sanitizers – including CVS Health, equate (Walmart), and Walgreens…
Equate™ Rapid Release Products
April 2019: A federal judge dismissed certain claims but allowed the false advertising claims to move forward. November 2018: A class-action lawsuit was filed against Walmart for allegedly misleadingly marketing…
Walmart’s Bill Payment Services
December 2019: This case was transferred to federal court. (Case No. 19-cv-10983, C. D. Cal.) August 2019: A class-action lawsuit was filed against Walmart for allegedly falsely advertising that customers…
Prices in the Walmart App
January 2020: This case was transferred from state court to federal court. (Case No. 20-cv-23, C. D. Cal.) October 2019: A class-action lawsuit was filed against Walmart for allegedly falsely…
Kona Coffee
May 2019: The Bond case was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not…
Great Value Vanilla Bean Ice Cream
In November 2019, a class-action lawsuit was filed against Walmart for allegedly falsely advertising that its Great Value Vanilla Bean Ice Cream is flavored with vanilla when, according to plaintiffs,…
Great Value LED Light Bulbs
In November 2019, a class-action lawsuit was filed against Wal-Mart for allegedly falsely advertising that its Great Value LED light bulbs are ENERGY STAR® qualified, use less energy, and cost…
Murphy Oil’s Price of Gasoline
June 2019: The case was transferred to federal court. (Case No. 19-cv-1705, E. D. MO.) April 2019: A class-action lawsuit was filed against Murphy Oil USA for allegedly misleadingly listing…
Great Value Graham Crackers
In January 2019, a class-action lawsuit was filed against Walmart for allegedly misleadingly representing that the main ingredient in Great Value Graham Crackers is graham flour (a coarse, whole grain…
Lang Pharma Nutrition’s CoQ-10 Softgels
In July 2018, a state judge preliminarily approved a settlement of a class-action lawsuit filed against Lang Pharma Nutrition (a company that supplies retailers with CoQ-10 supplements to sell under…
Equate High Absorption CoQ-10
December 2017: This case was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not been…
Sam’s Club Freshness Guarantee
July 2018: A federal judge granted final approval of a settlement agreement in which class members who file valid claims will receive a $10 gift card to be used at…
“Independent Doctors of Optometry” at Walmart
July 2018: The Ninth Circuit Court of Appeals found that the District Court properly dismissed the case but it should not have been dismissed When a complaint is dismissed with…
Parent’s Choice Organic Rice Rusks
In June 2018, a class-action lawsuit was filed against Walmart for allegedly failing to disclose that Parent’s Choice Organic Rice Rusks contain milk and eggs. (Kelly et al v. Wal-Mart…
Welspun India’s “100% Egyptian Cotton” Bed Linens
March 2017: The Monahan case was consolidated with In re Welspun Litigation. February 2017: A Consolidated Amended Class Action Complaint was filed. The complaint makes the same allegation (i.e., that…
Equate Migraine
December 2013: This case was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not been…
Walmart’s Equate Migraine
April 2016: The Ninth Circuit Court of Appeals affirmed the dismissal concluding that the complaint failed to state a claim upon which relief could be granted. (Case No. 14-55752, 9th…
Equate Migraine Pain Reliever
December 2013: This case was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not been…
Thread Counts of Bed Linens at Walmart
A false advertising class-action lawsuit against Walmart was dismissed in March 2007. The 2006 complaint alleged that the store inflated the thread count of bed linens by counting each strand…
Spring Valley Glucosamine Sulfate
In March 2018, a class-action lawsuit was filed against Walmart for allegedly mislabeling Spring Valley joint health supplements as containing glucosamine sulfate when, according to plaintiffs, they contain glucosamine hydrochloride…
Nest Fresh Eggs
In March 2018, two class-action lawsuits were filed against Walmart for allegedly falsely marketing that Nest Fresh Egg Farms “farm fresh” eggs are laid by hens “with outdoor access” when,…
Organic Marketside “farm fresh” Eggs
In January 2018, a class-action lawsuit was filed against Walmart and Cal-Maine Foods for allegedly falsely advertising that Organic Marketside “farm fresh” eggs are laid by hens with access to…
Several Brands of Flushable Wipes
In December 2017, a class-action lawsuit was filed against several manufacturers of flushable wipes – specifically, Costco, CVS, Kimberly-Clark, Procter & Gamble, Target, Walgreens, and Walmart – for allegedly falsely…
Various Parmesan Cheese Products
June 2016: This case was transferred to a multidistrict litigation (MDL) to be heard with similar lawsuits. To learn more about the MDL, click here. March 2016: A class-action lawsuit was…
Walmart’s Equate Co-Q10
September 2016: A federal judge granted the named plaintiff’s motion to voluntarily dismiss this action and imposed two conditions on the dismissal: First, the named plaintiff must agree to use…
Great Value 100% Grated Parmesan Cheese
June 2016: All six of these lawsuits were transferred to multidistrict litigation (MDL) to be heard with similar lawsuits. For more information about the MDL, click here. Early 2016: In…
100% Parmesan Cheese Products
June 2016: This case was transferred to multidistrict litigation (MDL) to be heard with other lawsuits. For more information about the MDL, click here. March 2016: A class-action lawsuit was…
Walmart’s Arm & Hammer Fresh-N-Natural Baking Soda
June 2015: This case was voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled. because the parties reached a settlement agreement, the terms of which have…
Great Value 100% Cranberry Pomegranate Juice
January 2016: This action was voluntarily dismissed because the parties reached a settlement agreement, the terms of which have not been disclosed. The dismissal was When a complaint is dismissed…
Brew & Save Carafe Filters
A false advertising class-action lawsuit was filed against Walmart and Eko Brands alleging that the Brew & Save Carafe filters for single-serve brewing machines are defective and do not work…
Cottonelle Flushable Wipes and More
May 2016: This action was voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled. as to the named plaintiffs’ claims and When a complaint is dismissed…
Equate Flushable Wipes
January 2017: This action was dismissed When a complaint is dismissed with prejudice, it cannot be refiled., the reasons for which have not been disclosed. August 2015: A class-action lawsuit…
Wal-Mart’s Rollback Prices
August 2017: This case was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not been…
Great Value All Natural Pita Chips
In March 2017, a class-action lawsuit was filed against Walmart for allegedly falsely advertising Great Value All Natural Pita Chips as “All Natural” when, in reality, they contain synthetic and…
Great Value Pork & Beans in Tomato Sauce
November 2016: A federal judge granted a stay in this case until after a ruling in a case, Briseño v. ConAgra Foods, Inc., pending in the Ninth Circuit Court of…
Walmart’s Craft Beers
In February 2017, a class-action lawsuit was filed against Walmart for allegedly falsely marketing beers – including Cat’s Away IPA, After Party Pale Ale, Round Midnight Belgian White, and Red…
Walmart’s Warranties for Car Batteries
In October 2016, a class-action lawsuit was filed against Walmart for allegedly deceptively advertising that consumers who purchase car batteries receive a warranty allowing for the replacement of defective batteries…
Walmart’s “Made in USA” Labels
July 2016: Plaintiffs voluntarily dismissed this action When a complaint is dismissed with prejudice, it cannot be refiled.. The reasons for the dismissal have not been disclosed. July 2015: A…
Straight Talk Cellular Phone Plans
February 2016: The appeal was voluntarily dismissed, the reasons for which have not been disclosed. (Hansell et al v. TracFone Wireless, Inc. dba Straight Talk Wireless et al, Case No.…
Great Value Cornstarch Food Products
February 2016: A federal judge granted final approval of the settlement. May 2015: A federal judge preliminarily approved a $515,000 settlement of a false advertising class-action lawsuit against Karlin Foods…
Various Lines of Herbal Supplements: Finest Nutrition, Spring Valley, and Others
June 2015: Some of the lawsuits were transferred to one court where they will be heard together. (MDL Docket Information: In Re: Herbal Supplements Marketing and Sales Practices Litigation, MDL…
Walmart’s Great Value 100% Cranberry Pomegranate Juice
April 2015: The named plaintiff voluntarily dismissed the complaint. The complaint was dismissed without prejudice, meaning that the complaint can be refiled. February 2015: A class-action lawsuit was filed against…
Walmart’s Banzai Inflatable Water Slides and Pools
November 2014: A federal judge granted plaintiff’s motion to voluntarily dismiss this lawsuit with prejudice, meaning that the plaintiff cannot refile the lawsuit. June 2014: A federal judge denied Walmart’s…