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No Evidence of Aloe Vera Found in the Aloe Vera at Wal-Mart, CVS (bloomberg.com)

From a Bloomberg report:The aloe vera gel many Americans buy to soothe damaged skin contains no evidence of aloe vera at all. Samples of store-brand aloe gel purchased at national retailers Wal-Mart, Target and CVS showed no indication of the plant in various lab tests. The products all listed aloe barbadensis leaf juice -- another name for aloe vera -- as either the No. 1 ingredient or No. 2 after water. There's no watchdog assuring that aloe products are what they say they are. The U.S. Food and Drug Administration doesn't approve cosmetics before they're sold and has never levied a fine for selling fake aloe. That means suppliers are on an honor system, even as the total U.S. market for aloe products, including drinks and vitamins, has grown 11 percent in the past year to $146 million, according to Chicago-based market researcher SPINS LLC. "You have to be very careful when you select and use aloe products," said Tod Cooperman, president of White Plains, New York-based ConsumerLab.com, which has done aloe testing. Aloe's three chemical markers -- acemannan, malic acid and glucose -- were absent in the tests for Wal-Mart, Target and CVS products conducted by a lab hired by Bloomberg News. The three samples contained a cheaper element called maltodextrin, a sugar sometimes used to imitate aloe. The gel that's sold at another retailer, Walgreens, contained one marker, malic acid, but not the other two.

35 of 333 comments (clear)

  1. Homeopathy by Anonymous Coward · · Score: 5, Funny

    If they can't even detect any, that stuff must be super potent!

    1. Re: Homeopathy by Anonymous Coward · · Score: 4, Funny

      Problem with homeopathy is that it's so potent if you stop taking it you can overdose

    2. Re:Homeopathy by jandersen · · Score: 3, Funny

      Indeed - just look at this: https://www.youtube.com/watch?...

  2. Unregulated by darkain · · Score: 4, Funny

    Unregulated product a sham, news at 11!

    1. Re:Unregulated by skids · · Score: 5, Interesting

      I loved this:

      You have to be very careful when you select and use aloe products

      ...and have a degree in organic chemistry and access to an assay lab, he forgot to mention.

    2. Re:Unregulated by Falos · · Score: 4, Insightful

      That bugged me. Do you want me to lift it off the shelf gently? Do you want me to read the label slower? My bullshit meter is flickering, but it's not all because of aloe vera labels.

    3. Re:Unregulated by Anonymous Coward · · Score: 3, Interesting

      Exactly!

      Or you know, skip all that and get an actual Aloe plant and use the sap directly... of course, depending on the amount of lotion you're used to, you might need an entire garden. But if it's just for the occasional use, why not go to the source!

  3. government regulations by jriding · · Score: 4, Insightful

    If only they would remove government regulations than this would never happen.

    --
    love the taste, hate the texture
    1. Re:government regulations by MasseKid · · Score: 4, Funny

      I see you didn't miss the sarcasm.

    2. Re:government regulations by Anonymous Coward · · Score: 3, Informative

      For this exact case, regulation isn't necessary. You just need to make it illegal to describe a product as being a certain thing, and then it turns out it isn't that thing. We have a crime for this: Fraud. It's nice and simple. The unfortunate thing is that we probably have regulations that will limit the liability of WalMart when everyone sues them for this.

      So you may actually be right. Get rid of those regulations and let WalMart experience the wrath of a million lawyers.

    3. Re:government regulations by Motherfucking+Shit · · Score: 5, Insightful

      Sans regulation, the fraud was discovered.

      Yes, but after how long? How many consumers have spent how many millions of dollars buying something that was not what it claimed to be, because "proving our product contains the ingredients we say it does is burdensome and anti-American?"

      --
      "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    4. Re:government regulations by ChrisMaple · · Score: 4, Interesting

      In all likelihood, WalMart is buying this goo from some other company which is claiming that it contains aloe. WalMart is not a manufacturer; Walmart is a retailer. Should someone be suing WalMart, or suing the supplier? Should WalMart be suing the supplier? What is WalMart's due diligence responsibility?

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    5. Re:government regulations by The-Ixian · · Score: 5, Insightful

      You just need to make it illegal to [...]

      So... a regulation?

      --
      My eyes reflect the stars and a smile lights up my face.
    6. Re:government regulations by nine-times · · Score: 4, Insightful

      I get the joke, but I wonder if you see what's significant here. Sans regulation, the fraud was discovered.

      It was discovered, but now who's going to make sure it doesn't continue? Even knowing this fraud has occurred, how do I know what's in the "Aloe" when I go to buy it? (assuming I don't have the resources or inclination to do my own testing)

    7. Re: government regulations by theycallmeB · · Score: 4, Insightful

      The government didn't discover this because they are literally not allowed to. If it is not an FDA regulated product then the FDA can't just decide to test it of their own accord because their budget doesn't cover testing of products they don't regulate. It covers little enough testing of what they are charged with regulating as is. Complaining that the FDA didn't find this is pretty comparable to asking why Scotland Yard isn't catching bank robbers in Wyoming.

    8. Re:government regulations by CanadianMacFan · · Score: 3, Interesting

      Since these are store brands Walmart (and the other stores) are going to a manufacturer with a specification and getting them to make the lotion. What we don't know in this case is Walmart specifying a lotion without aloe and still having it listed as one of the two main ingredients or is Walmart specifying a lotion with aloe and the company making the lotion substituting cheaper ingredients. In the second case Walmart has to put better tests in place before accepting orders.

      Either way Walmart is going to get named in the lawsuit along with the company making the lotion. If Walmart wanted the aloe lotion without the aloe then the contract company probably gets away without paying anything since it was just doing what Walmart wanted. If the contract manufacturer was trying to cheat than I could see them being found 95% at fault and Walmart being 5% at fault because they weren't thorough enough with their testing and just because they had the ultimate responsibility as their name was on it.

    9. Re: government regulations by Miamicanes · · Score: 5, Insightful

      Probably, but someone would have to file an official complaint with the FTC.

      The FTC's role is to keep companies honest, so wronged consumers won't have to personally seek recourse by individually suing companies that engage in wrongdoing.

      If companies know the only recourse consumers have to being defrauded is to personally sue them (and probably spend more to do it than they can actually receive in damages), they'll increasingly come to regard fraudulent behavior as falling somewhere between "a norm" and "a best practice for maximizing shareholder value".

      Just look at the practices of, say, the Cable TV industry, which has trained consumers to think it's OK for companies to advertise prices like "$19.95/month" even if the cheapest bill any real customer could EVER see is $36.47/month (after fees, taxes, and surcharges are added).

      Or the way it used to be common for credit card companies to make your bill due on a Sunday, but treat payments received after 9am Friday as if they were made on Monday.

      Or the way banks used to process the day's payments from largest to smallest, and process deposits AFTER payments (so they could charge more overdraft fees). A few years ago, either Chase or Citibank got nailed HARD for policies where you could deposit a thousand dollars cash into your checking account at 9am, then get dinged $30 in overdraft fees for a $7 debit card purchase at McDonald's or a $20 ATM withdrawal a few hours later EVEN THOUGH the "available balance" printed on your deposit slip might have been "$1003.47" (because they'd ALLOW you to withdraw $1003.47, but would charge overdraft fees if you withdrew more than $3.47 before the end of the day when they officially credited your cash deposit).

      And yes, I do think there's abundant evidence from the past 10 years that large public corporations owned by institutional investors can EASILY become detached from things most people would regard as self-evident social norms (ie, openly sociopathic), and will BRAZENLY do things that are just plain EVIL unless the government makes it clear (with penalties) that it's not acceptable behavior and it's watching them.

  4. Regulation by Punko · · Score: 4, Insightful

    Our government officials are screaming that regulation is killing our economy. And those of use that don't live in the USA are constantly told that in the future we will need to align our current regulations to that of the USA, regardless of how valuable they are, all in the name of the race to the bottom.

    The supervolcano explosion or extinction-sized meteorite strike can't happen soon enough. We've proved beyond a reasonable doubt that we aren't worthy of surviving.

    --
    If only we could fall into a woman's arms without falling into her hands
    1. Re:Regulation by Anonymous Coward · · Score: 5, Insightful

      No, it's not but it goes to show that companies self-regulating themselves is bullshit.

    2. Re:Regulation by another_twilight · · Score: 5, Insightful

      Which is cheaper;
      a) testing a competitor's product and discovering that they are using a cheaper ingredient, then publicising same and defending claims in court/media whilst continuing to use authentic ingredients
      OR
      b) testing a competitor's product and discovering that they are using a cheaper ingredient and switching your manufacturing to the same ingredient and continuing to compete based on who has the best celebrity endorsement.

      Hoping that competitors will spend money monitoring each other ignores a wealth of examples of collusion, kickbacks, price-fixing etc. and has the same sort of simplistic assumptions that a lot of 'free market will solve X' examples exhibit. Too much regulation is bad. That doesn't mean regulation is bad.

  5. Oh? by powerlord · · Score: 4, Funny

    No Aloe in non-regulated product? ... BURN

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  6. Makes you wonder by nehumanuscrede · · Score: 3, Insightful

    Just how much of the stuff we buy / consume / use isn't what it claims to be.

    1. Re:Makes you wonder by JoeMerchant · · Score: 4, Insightful

      Nerds care when people lie to them.

      Politinerds care about regulation/deregulation and the consequences.

      Pasty white nerds are easily sunburned and Aloe gel is a product they have used before and will use again?

      I don't know, I'm having real trouble coming up with a car analogy- but, wait: VW to the rescue!

  7. SO... by argStyopa · · Score: 5, Insightful

    ....let there be ACTUAL consequences, maybe?

    Charge Wal-Mart with fraud for selling falsely-labeled products. One count per bottle on the shelves.

    That's a big fine, yes? Well, Wal-Mart, if it didn't know about the fraud (and I expect they didn't actually) should be able to go after the producer for the fines they had to pay on their behalf.

    Oh, I'm sorry: their producer is some untraceable company in some faraway land (because they were the cheapest, natch) that doesn't feel like it needs to behave according to laws and skips out on paying Wal-Mart back?

    Huh. Almost like that's a reason one would want to buy from - I dunno - a DOMESTIC company where one has at least reasonable surety they they're going to behave within the law (or face consequences of same if they don't)?

    Let me be clear: I'm a staunch Republican and free marketeer. But I recognize that the government DOES have a role in consumer protection and labeling, and needs to act aggressively to ensure that consumers in a capitalist marketplace can make free choices based on reliable information.

    One might also notice that this exposure alone would either incentivize the spread of the rule of law, or bringing back more industry to the US. All without a new government agency, new powers, or a bevy of new laws - but instead government just DOING WHAT IT'S SUPPOSED TO BE DOING in the first place.

    --
    -Styopa
    1. Re:SO... by Pfhorrest · · Score: 5, Insightful

      This. We don't need some kind of special regulatory committee for aloe products specifically to address products like this. Claiming to sell one thing and then actually delivering something is already a crime, one of the most elementary crimes out there next to things like murder or theft: fraud.

      Even without levying a specifically punitive fine for that crime, at the very least restorative damages would mean returning the money for everyone whose money was taken without delivery of the agreed-upon goods. Having to refund every fraudulently sold bottle is probably punitive enough even without adding specifically punitive damages on top of it. And like you say, Wal-Mart etc can go after the producers, and if for some reason they can't, then it sucks to be them and they should make sure that doesn't happen again, by whatever means necessary.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    2. Re:SO... by sjames · · Score: 3, Informative

      Yes, they didn't know and didn't care. AKA a wanton disregard. So let them sue their supplier to cover their fines. They put their name on it, it's their responsibility to make sure they know what they're selling.

      Next time they'll choose a more reliable supplier.

    3. Re:SO... by JoeMerchant · · Score: 4, Insightful

      >Next time they'll choose a more reliable supplier.

      Ya think? WalMart is known for leaning on all their suppliers, hard, to cut costs. I'm 99% sure the suppliers wouldn't have quit buying Aloe altogether for their formulation except that it costs more money than maltodextrin and they couldn't keep the WalMart contract without cutting that last 0.5% corner.

      I suppose that WalMart et.al. are the labeling retailer and that the consumer is putting their faith and trust into these dubious corporate entities when paying $2.99 for some gel to smear on a sunburn - there should be liability there.

      I also feel that there should be liability and accountability at the supplier level, if the supplier represented to WalMart that they were still supplying product "worthy" of the Aloe gel label, they should be held accountable for that, preferably at the same time that WalMart settles for their fraud and negligence.

    4. Re:SO... by Anonymous Coward · · Score: 3, Funny

      from the heavy yolk of government regulation

      Those people should beat it. Seriously, their wits must be scrambled!

      If they'd come out of their shells, and let us see the whites of their eyes, we could really give them a carton of grief. But, as they say, these types are cheaper by the dozen!

    5. Re:SO... by nine-times · · Score: 4, Informative

      One might also notice that this exposure alone would either incentivize the spread of the rule of law, or bringing back more industry to the US. All without a new government agency, new powers, or a bevy of new laws - but instead government just DOING WHAT IT'S SUPPOSED TO BE DOING in the first place.

      In order to investigate, test, and do something about these kinds of instances, there does need to be some kind of government agency with the resources and mandate to do it. They need to have an appropriate legal framework to empower them to do it effectively.

      Frankly, the problem is your political party, the Republicans. (I'm not a Democrat. They're generally not focused on this kind of problem either, unfortunately, but at least they don't actively oppose consumer protection.) Anything that could be described as the big bad dirty "R" word (regulation!) gets quashed under the pretense that all regulation is communist and stupid, and designed to hurt America. "Poor Wal Mart. The reason they're forced to buy substandard aloe products is because they just don't have enough money! We shouldn't punish them or regulate them. Instead we should be giving them more tax breaks. I'm sure having more money in their pockets will force them to spend it on quality control and additional jobs for Americans!"

      Consumer protection measures that allow consumers to make educated (and non-fraudulent) choices actually makes for a market that is more free. Empowering companies to manipulate market forces does not make the market more free.

    6. Re:SO... by Nethemas+the+Great · · Score: 5, Informative

      Ironically, the product was manufactured in Texas with the aloe sourced from a company based in Florida. Natch.

      --
      Two of my imaginary friends reproduced once ... with negative results.
  8. Wrong by s.petry · · Score: 3, Insightful

    False advertising is a crime, it does not need additional regulation.

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

  9. FDA Regulation by bano · · Score: 5, Informative

    Article implies the FDA has no jurisdiction over this based on that they don't test cosmetics by default, but they do regulate based on it being a "misbranded" cosmetic product.
      http://www.fda.gov/Cosmetics/G...

  10. UCC by OrangeTide · · Score: 4, Informative

    FDA doesn't really matter. It's not necessary for them to regulate these products for consumer protection, as there are other laws and agencies that can help.
    FTC, Universal Commercial Code and U.S. Code Title 15 already cover Truth in Advertising and Fair Labeling and Packaging.

    IANAL but here's one possible example that could allow consumers and attorneys to go after these guys: Title 15 Chapter 39 Section 1452.

    (a) Nonconforming labels

    It shall be unlawful for any person engaged in the packaging or labeling of any consumer commodity (as defined in this chapter) for distribution in commerce, or for any person (other than a common carrier for hire, a contract carrier for hire, or a freight forwarder for hire) engaged in the distribution in commerce of any packaged or labeled consumer commodity, to distribute or to cause to be distributed in commerce any such commodity if such commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to the provisions of this chapter and of regulations promulgated under the authority of this chapter.
    (b) Exemptions

    The prohibition contained in subsection (a) shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons (1) are engaged in the packaging or labeling of such commodities, or (2) prescribe or specify by any means the manner in which such commodities are packaged or labeled.

    --
    “Common sense is not so common.” — Voltaire
  11. Re:Careful? by AthanasiusKircher · · Score: 4, Interesting

    How exactly are we supposed to be careful, as the summary suggests, if we cannot trust the ingredients list on the packaging to be accurate?

    Well, I guess in this case, you should do an internet search for the report and check whether your chosen product has been found to be legit or not.

    Frankly, I'd say if you trust the ingredients list "at face value" for almost any product, you're likely to be deceived. The ingredients list is often another place for advertising tactics. Take most "natural" products. Do you pay double for that "natural" soap? Chances are that some of the vague "vegetable and plant-sourced" gobbledygook listed in the "ingredients" list is basically the same chemicals you'd find in NORMAL ("bad chemical!") soap. Yes, there are exceptions, but I figured this out several years ago when a family member came home with some a few different cleaning products that cost 3 times the regular ones. In some cases, you didn't even have a complete ingredient list on the container, so I had to go to the product website to actually find out what some of it meant... and in most cases, it was the same old crap, just packaged with a bunch of "natural" and "vegetable" and "plant-based" in front of the words.

    It doesn't surprise me at all that some manufacturers go the next step and don't even include those "natural" "plant-based" ingredients at all. And who would know in some cases? In the cases of the soaps I'm talking about, there's really no easy lab test to distinguish X chemical refined from plants vs. the same produced chemically in a lab.

    Sorry to be the cynic here, but it wouldn't surprise me if many "natural" products are slightly diluted versions of the same chemical crap sold for a much different price, peppered with a little "grapefruit lavender" essence to make you feel all "earthy crunchy" when you spray it.

  12. Re:Also Troubling by tysonedwards · · Score: 5, Funny

    Or Girl Scouts in Girl Scout Cookies. This is some weapons grade bull shit deceptive advertising at its best!

    --
    Thirty four characters live here.