• thrawn@lemmy.world
    link
    fedilink
    English
    arrow-up
    13
    ·
    3 hours ago

    Vital Proteins got bought out by Nestle and almost immediately turned to shit iirc

  • MacStache@sopuli.xyz
    link
    fedilink
    English
    arrow-up
    62
    ·
    10 hours ago

    Isn’t that an illegally forced agreement? I mean, the consumer already bought the product and is forced to enter an agreement after the fact? At least it feels like it would be illegal.

    It’s the same with software, sure, but somehow I’ve been brainwashed into thinking it’s ok because it’s a digital product/I only agree to a license of said product.

  • AlteredEgo@lemmy.ml
    link
    fedilink
    English
    arrow-up
    21
    ·
    10 hours ago

    There should be an “protest buy” action to any the products that do this bullshit. A large group of people buy the products and then return them to the store for a refund. Especially for perishable goods, this would make them worthless. Which would make stocking such products a loss and force the vendors and manufacturers to cut the shit out.

    • ChaoticNeutralCzech@feddit.org
      link
      fedilink
      English
      arrow-up
      10
      ·
      8 hours ago

      Well, the top cap apparently needs to be torn off to read the sentence, lowering the shelf appeal of the product even though there are other tamper-evident seals present.

    • sunbytes@lemmy.world
      link
      fedilink
      English
      arrow-up
      9
      ·
      7 hours ago

      Yeah they really slipped up by saying “and” using it, as opposed to “or”.

      I’m going to gnaw into it like a little rat.

    • vxx@lemmy.world
      link
      fedilink
      English
      arrow-up
      5
      ·
      edit-2
      9 hours ago

      Delevoping liver issues, that’s what it is.

      aka Protein powder

      • Zetta@mander.xyz
        link
        fedilink
        English
        arrow-up
        5
        ·
        edit-2
        4 hours ago

        This got me curious because I’ve never heard of this, atleast according to this study it does not cause liver issues if you use it properly, aka you exercise and don’t just drink it casually.

        “The results showed that when whey protein is used in an uninformed manner and without exercising, adverse effects on the liver may occur by increasing the apoptotic signal in the short term and increasing inflammatory markers and hepatotoxicity in the long term.” - link

        • vxx@lemmy.world
          link
          fedilink
          English
          arrow-up
          3
          ·
          edit-2
          3 hours ago

          Yes, that’s the reason, not that it’s generally bad. I shouldve clarified.

          It’s way too easy to take too much. Most people just take their whole daily dose or more with those drinks and forgetting that they get protein from the regular food as well. Most people don’t even know how much protein their body is able to process in a day.

          Add too much magnesium to it and your blood tests will show how bad it is for you, and your doctor will get mad at you.

          We don’t need this unless youre doing Sport all day long.

  • SonOfAntenora@lemmy.world
    link
    fedilink
    English
    arrow-up
    104
    ·
    19 hours ago

    Mandatory arbitration agreement for a protein shake or whatever it is. First it may not be enforceable. Second it makes me think that this product is not fit for consumption.

    • S0ck@lemmy.world
      link
      fedilink
      English
      arrow-up
      6
      ·
      12 hours ago

      I wonder if we’re not fucking ourselves.

      “Not enforceable” may have been a thing of the past, with the way technology has developed. We may be approaching a point where terms & conditions ARE enforceable.

    • buttnugget@lemmy.world
      link
      fedilink
      English
      arrow-up
      3
      arrow-down
      1
      ·
      10 hours ago

      I honestly think it’s just a ridiculous ploy and that the product is fine. We need a proper regulatory system instead of this junk. I do think it’s unenforceable though.

  • CanadaPlus@lemmy.sdf.org
    link
    fedilink
    English
    arrow-up
    7
    ·
    12 hours ago

    Ah! that one of the worst parts of the internet, and they’ve figured out a way to make it real.

    At least they mention the arbitration upfront, I guess.

  • kryptonianCodeMonkey@lemmy.world
    link
    fedilink
    English
    arrow-up
    74
    arrow-down
    1
    ·
    edit-2
    20 hours ago

    No way this is legally binding. It amounts to a bait and switch. A product was purchased and provided without agreement to any further terms. Then they sneak in supposed terms after the fact based upon the action of opening the product. That is a change in agreement made without any consideration for the purchaser. That’s not generally allowed in contact law.

    Furthermore, I really doubt that they can get away with the argument that the act of opening a product can constitute any amount of conscious agreement to some writing on a package. If for no other reason than that this is (afaik) a novel way to attempt to coerce agreement such that nobody would expect such an agreement to be part of the opening process and likely won’t notice it.

    And it’s not accessible for every person who may be using this product even if they do notice the words. Are you a non-English speaker? Farsighted? Blind? Illiterate? Would you have any way to even be aware that those words are terms that somehow binding you to an agreement by virtue of your opening the thing you just bought? Would you have any reason to even suspect that that is the case?

    Also, they’ll undoubtedly claim that the fact that you have the opened product means that you agreed to the terms, but that is also not the case. Your mom opened it for you and wrapped it as a gift? You bought it secondhand? The packaging was torn open when it shipped to you and you never had any reason to see this text in the first place? It was misprinted? Any of those things and more would mean you never agreed to anything. And they have no way to prove any of those things weren’t the case.

    Just stupid. I have zero doubt that any number of lawyers would love take this to court and get that payday.

    • VindictiveJudge@lemmy.world
      link
      fedilink
      English
      arrow-up
      6
      ·
      12 hours ago

      It actually does have legal precident. You know how you can’t read or accept the EULA for software until after you purchase it?

      • kryptonianCodeMonkey@lemmy.world
        link
        fedilink
        English
        arrow-up
        12
        ·
        12 hours ago

        They get away with stuff like that when they have sold you a “license” to their software, rather than something you gave actually purchased outright. It is argued that a license is a an agreement to access a software product, rather than ownership of it, and putting an EULA in between your license purchase or changing it later doesn’t affect your purchase because you continue to hold the license even if you choose not to agree to the terms necessary to use it. It’s a bit different for a physical item that you have actual ownership over, not a license to use it (pending agreement).

        I also find all of that to be loophole bullshit that should be fixed, but that’s a separate issue.

      • YiddishMcSquidish@lemmy.today
        link
        fedilink
        English
        arrow-up
        1
        ·
        12 hours ago

        While true, the software put it in your face and forces you to interact with a screen that says “EULA”. I doubt using a consumable as intended will hold any jurisprudence. But then again look who we have appointing judges right now…

    • buttnugget@lemmy.world
      link
      fedilink
      English
      arrow-up
      1
      ·
      10 hours ago

      Yep, I was just agreeing with someone else saying this is unenforceable. Just a ridiculous ploy and an attempt to make it precedent.

    • thermal_shock@lemmy.world
      link
      fedilink
      English
      arrow-up
      18
      ·
      20 hours ago

      Absofuckinglutely

      If I bought it and got home and found this, I’d return it as I have before. You’re not trapping me into agreeing for anything without the notice on the OUTSIDE of the product packaging. Fuck this

      • Bosht@lemmy.world
        link
        fedilink
        English
        arrow-up
        13
        ·
        19 hours ago

        Plus it speaks volumes to the product itself. If they’re trying to pull shit like this there’s no way I’m trusting whatever they’re trying to get me to put in my body.

  • StinkyFingerItchyBum@lemmy.ca
    link
    fedilink
    English
    arrow-up
    10
    ·
    15 hours ago

    Write on the money you used to purchase this by accepting this money you agree to the terms of service…

    Eat shit turdblossoms.

  • Part4@infosec.pub
    link
    fedilink
    English
    arrow-up
    46
    ·
    21 hours ago

    Is there a bigger red flag than a message on it saying ‘if you break this seal you can’t sue us!’

      • muusemuuse@sh.itjust.works
        link
        fedilink
        English
        arrow-up
        6
        ·
        19 hours ago

        Attorney: -calls witness, a physicist- Physicist: “by simply observing this product, even without opening it, your clients life was changed in some way.” Attorney: “crazy label people, pay up!”

        • idiomaddict@lemmy.world
          link
          fedilink
          English
          arrow-up
          3
          ·
          10 hours ago

          I mean, you at least should be reimbursed for the costs of returning it to the store (bus fare/gas, and an hour of your time), and it’s probably not worth it to anyone to sue them for it, but I really wish someone would

  • BigDanishGuy@sh.itjust.works
    link
    fedilink
    English
    arrow-up
    67
    ·
    edit-2
    20 hours ago

    There’s an easy solution: keep buying it, break the seal to get to the message, then return it. Have your friends do the same, at the same store. Pretty soon that product will be gone and you can move on to the next store.

    If the store starts to bitch about it, you can claim that you wanted to see if the statement had been removed.

  • zkfcfbzr@lemmy.world
    link
    fedilink
    English
    arrow-up
    336
    ·
    1 day ago

    It says you’re bound by “opening and using” the product, rather than “opening or using”. Have someone else open it for you. Then neither of you have done both.