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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

Brands

Walmart ad

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.

Evidence

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Class-Action Tracker

Toddler Beginnings

Class Action

Toddler Beginnings

Allegations: Misleadingly marketing products as nutritionally appropriate for children who are nine months and older

2019-2022 Onn Surf and Pro Tablets

Class Action

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 Apple Juice

Class Action

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

Class Action

Equate Acne Products

Allegations: Misleadingly representing that products were safe when they contain, or were at risk of containing, the carcinogen benzene

Walmart’s Return Policy

Class Action

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…

Spark Toys

Class Action

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 Recycling Drawstring Bags

Class Action

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…

Several Store Brand Acetaminophen Products

Class Action

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

Class Action

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

equate Hydrogen Peroxide

Class Action

equate Hydrogen Peroxide

Allegations: Falsely marketing the product treats minor cuts and abrasions when scientific evidence shows it does not have such treatment capabilities

Spring Valley Garcinia Cambogia

Class Action

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