Eggs. Delicious, but hard to tell apart.
That was the problem confronting “The Country Hen Eggs,” of Hubbardston, MA. What did they do? First, they made some claims about the “kosherness” of eggs that turned out to contain very little information. But even better (as I discovered this morning when I opened a new pack), they “are the first organic egg with a selenium content claim on [sic] the carton.”
What does that mean? Well, inside of the cardboard box was a little insert, which talked to me about the anti-cancer properties of selenium. The insert continued to say that their eggs contain some amounts of the mineral (they don’t make a comparative claim), but disclaimed any attempt to make a “medical claim.” (Which makes almost no sense.)
In any event, why is this worth blogging about? Because I’m pretty interested in their attempt to build brand loyalty – after purchase – through product claims that are not differentiating. It’s as though they are saying: “Buy our eggs. Just like other eggs. But we’ll boast a little.”
A number of questions come to mind. Primarily, should inside-the-box claims be regulated as advertising (by the FTC and through Lanham Act suits) as a food label (by the FDA and product liability suits) as a warranty (under the UCC) or not at all (the market will clear). What if the claim inside the box were to (falsely) say: “Our eggs are 25% bigger than the average competitor’s egg.” Since it is inside-the-box, should we be less worried about the consumption distorting effect of the claim, or more worried on the brand-building side? These seem like tough questions.
I should say that notwithstanding the selenium claim, it was a tasty omelet.