Consumers have become more and more dainty about eating. Apart from food ingredients, they are particular about cooking utensils for which they even spend thousands of dollars. However, it is possible that the efficacy and quality of what they purchased fall short of their expectations. In 2016, the Consumer Council received 105 complaints about cooking utensils with half related to problems of product quality.
As demonstrated in some of the complaints, frontline salespersons and even product suppliers may not thoroughly understand the product functions, or even brag about the product efficacy to attract consumers into buying. The Council reminds traders and salespersons that making inaccurate or false statements, whether verbal or written, may violate the Trade Descriptions Ordinance.
Case one: Sales of products in the disguise of giveaway
In January last year, the complainant passed a temporary retail stall of Company A while shopping and was attracted the small gifts being given out by a salesperson, who also claimed to "give away" ceramic pots of a well-known brand for trail to 10 people on the scene. However, those intending to take the offer had to pay a deposit of $500. The complainant took away a ceramic pot and some additional gifts of cookery items, after paying $500. Not long after that, the complainant found scratches and obvious dents on the pot. The complainant suspected that she had been cheated, when her family members told her that the brand of the pot was not a well-known one. The complainant went back to the stall and requested a refund the following day, but in vain, then she requested the salesperson to issue an official receipt. The salesperson declined, but instead wrote down the purchase date, and the amount of $500, on a business card of Company A. The complainant sought assistance from the police and filed complaint with the Council.
The Council was unable to reach Company A by letters sent to the address on the business card, or by phone with the telephone number shown on it. The Council could only advise the complainant to pursue her claim by legal means. The complainant asked the Council to alert consumers against such kind of sales tactics.
Case two: Inconsistent product claims and actual usage
The complainant purchased a 5-ply cookware under the brand Y, based on the recommendation of a department store's salesperson. The complainant was told the cookware would assure even heat distribution, suitable for use on an induction cooktop. The cookware also came with a 10-year warranty. The complainant reckoned that the cookware was suitable and paid the price of $2,249. After using the 5-ply cookware for steaming eggs, the complainant was unable to pan-fry a fish, because the induction cooktop was cut off from power twice. The failures persisted even after adjustments to the heating levels. The complainant lodged a complaint with the Council stating that both the salesperson and the product brochure claimed that the 5-ply cookware could be used for induction cooking. It is actual cooking experience proved the claims false. The complainant requested a refund.
The Council got hold of the retailer and the agent of the product respectively. The agent claimed that it was not a quality issue, stating that the 5-ply cookware was characterised by quick heat transfer and slow heat dissipation. If it was used to pan-fry, soon after having been used for steaming, when its temperature was still high, if the induction cooktop contained a heat detection function, it would cut off from power automatically. As such, the agent declined to refund.
The complainant requested that a test be carried out to prove whether the 5-ply cookware actually was suitable for use on an induction cooktop and the agent agreed. During the test, the 5-ply cookware was used only to pan-fry fish on an induction cooktop. The result was that the induction cooktop stopped automatically twice. In view of this, the retailer made refund to the complainant.
Case three: Salesperson boasting of a false claim about usage
The complainant was health conscious and cooked over low heat with little oil. At a promotion venue, the complainant purchased a set of ceramic cookware from Company C at $1,398, which was claimed to be non-stick and easy to clean. Following the salesperson's instructions to use little oil when cooking with the small saute pan, the complainant found the food sticking to the pan after a few minutes. The complaint's mother encountered the same problem when using the frying pan to fry flat rice noodles. The purchaser complained to Company C.
The complainant took the cookware to Company C for inspection as it had suggested. During the inspection, the company staff claimed the problem could be used by misuse. After being made aware of the complainant's cooking practices, the staff said the cookware should be used at high heat with more oil for non-stick cooking, contradicting what the salesperson had said. The complainant turned to the Council for help, stating she had enquired the department store that had sold Company C's products and found it was the instruction in a manual for the Company C cookware, that only little oil at medium heat was required. In view of the contradicting information, the complainant cast doubt on the actual efficacy of the cookware, thus requested a refund and reported the case to the Customs and Excise Department.
In a reply to the Council, Company C said a frying test had been conducted on the complainant's cookware. Results showed that the small saute pan had little sign of food sticking, whereas the frying pan performed well. The company declined a refund but offered to exchange both pans. The complainant indicated that she considered pursuing further by other means.
As seen from the cases above, claim representations made by salespersons and product brochures may not correspond to the actual efficacy of the product. The Council once again reminds traders that during sales, promotion and introduction of a product, descriptions, including those contained in product brochures, must be accurate and clear; if not, they will possibly violate the Trade Descriptions Ordinance.
When choosing and purchasing cooking utensils and cookware, consumers should pay heed to the following advice:
- Do not focus on price and be influenced by branding. Make choices according to personal cooking practices, habits and requirements. Take the experiences of other users into consideration;
- Do not purchase, in haste, a product being promoted by a temporary retail stall at a shopping mall or on the street. Study the product information and discuss with family members before making a decision;
- Ask for a sales receipt from the salesperson which includes the retailer's business address and contact number, when making any purchase. Keep the receipt safe in case it will be needed for follow-up or pursuit of claims when problems arise;
- If the salesperson claims to provide after-sales maintenance service, make sure the relevant details are written in black and white; moreover, do not purchase if any unfair disclaimer such as "no refund or exchange under whatever circumstances" is listed in the terms and conditions.
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