Monday, November 2, 2015

More Volkswagen Cars Have Failed Emissions Tests, Officials Say

Alexander Koerner / Getty Images

The Environmental Protection Agency on Monday issued a second notice of violation of clean air laws against Volkswagen, alleging the German automaker installed devices designed to cheat emissions tests in many more vehicles than initially thought.

Diesel cars with models years between 2014 and 2016 made by Volkswagen, as well as its subsidiary companies Audi and Porsche, were found to contain the "defeat device," which kicked in when officials were testing cars for emissions before then returning to a standard mode that increased emissions of nitrogen oxide up to nine times the EPA’s standard.

Cars covered under the latest notice of violation include the diesel versions of the 2014 VW Touareg, the 2015 Porsche Cayenne, and the 2016 Audi A6 Quattro, A7 Quattro, A8, A8L, and Q5.

Some 10,000 of the cars have already been sold in the U.S., according to the EPA, which also says the notice covers an "unknown volume" of cars with 2016 model years.

In a call to reporters, Cynthia Giles, assistant administrator for the office for EPA’s enforcement and compliance assurance, said the German automaker had "failed its obligation to comply with the law that protects clean air for all Americans."

“All companies should be playing by the same rules," she said.

The second notice of violation comes after the company was shamed worldwide when U.S. environmental officials first announced they had discovered the cheating software in September.

Volkswagen CEO Martin Winterkorn resigned after the news came to light, but maintained he knew nothing of the software. German prosecutors have since opened an investigation into Winterkorn for fraud.

Julian Stratenschulte / AFP / Getty Images

Both the EPA and California Air Resources Board are investigating Volkswagen over the alleged breaches of the Clean Air Act.

Officials stressed that owners of the vehicles in question are presently required to take no action and that their cars are still safe and legal to drive.

A possible recall would only be ordered after the EPA reviews any proposals offered by Volkswagen on how to fix the cars so they comply with the law, officials said.

The EPA and the California Air Resources Board (CARB) have both initiated investigations based on Volkswagen’s alleged actions.

"This is a very serious public health matter," CARB Executive Officer Richard Corey told reporters. "[CARB] and EPA will continue to conduct a rigorous investigation that includes testing more vehicles until all of the facts are out in the open."

LINK: Volkwagen’s Nightmare Is About To Get Worse: Here Come The Class Action Lawyers

LINK: Emissions Cheating Software Found In 2.1 Million Audis

LINK: German Prosecutors Open Investigation Into Former Volkswagen CEO Martin Winterkorn


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JustFab And Fabletics Are Reviewing Their Business Practices

After a flood of consumer complaints and attention from regulators, the company is hiring an outside auditor to look at its customer service systems.

Fabletics / Via Facebook: Fabletics

JustFab, the owner of subscription apparel companies like Kate Hudson's Fabletics and ShoeDazzle, is reviewing its sales tactics after fielding a slew of complaints from consumers.

The startup is hiring a third-party auditor to examine its customer service systems and has hired executives to lead "member satisfaction" roles, co-CEO Adam Goldenberg told Bloomberg News on Friday. JustFab has also considered allowing consumers to unsubscribe online, a process that's only possible right now through the phone, Bloomberg reported.

In September, BuzzFeed News reported that JustFab has amassed more than 1,000 complaints with the Better Business Bureau and the Federal Trade Commission, as customers accuse the company of duping them into unwanted subscriptions with recurring credit card charges. Many complaints center around how difficult it is to cancel subscriptions.

BuzzFeed News found that Goldenberg and co-CEO Don Ressler have fielded similar complaints regarding unwanted recurring credit card charges since at least 2004, on a string of businesses selling products including anti-aging shampoo, weight-loss pills and anti-cellulite cream.

Fabletics / Via Fabletics.com

Despite that, JustFab was valued at $1 billion in a funding round last year, making it a "unicorn" in Silicon Valley terms. The valuation came seven months after Goldenberg reached one of the biggest-ever deceptive advertising settlements with the Federal Trade Commission over a miracle-weight loss powder called Sensa. An investor in JustFab erased mention of Sensa from a bio of the founders on its website after BuzzFeed News published its story.

JustFab has also reached settlements over its business practices with a group of district attorneys in California, the Florida attorney general, and a separate Florida consumer who filed a lawsuit in 2011.

The company has said complaints come from "a very, very small minority" of unhappy users among its 3.5 million customers, many of whom report pleasant experiences with its brands. The startup is on pace to make $500 million in sales this year.

"As a company that has gone from 0 to in excess of 3.5 million customers in five years, we have had inevitable bumps along the way," a spokeswoman for JustFab told BuzzFeed News in September. "Customer satisfaction is a top priority for us and when there are issues with service, product quality, shipping deadlines, and the like we always do everything we can to make it right."

"It is certainly not the company's intention to have anybody be confused," Goldenberg told Bloomberg. "If someone feels tricked, we lose that customer."


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Sunday, November 1, 2015

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Can Someone Please Explain What Mountain Dew Is?

With names like Baja Blast, Code Red and the upcoming Black Label, it’s hard to know exactly what taste defines America’s fifth most popular soda. And that’s exactly how it’s meant to be.

Paul Sakuma / ASSOCIATED PRESS

There's something about Mountain Dew that evades all definition.

Its color is boldly unnatural. It tastes, approximately, like melted Life Savers, but unlike any recognizable fruit or flavor. There are no noteworthy Mountain Dew copycats or competitors. Mountain Dew exists, largely, in its own realm, separate from other sodas — and other beverages entirely.

And that turns out to be a feature, not a bug. Thanks to its radical vagueness, Mountain Dew has managed to launch a procession of spin-off flavors, each as enigmatic as the original. (Mountain Dew Voltage, anyone? It's blue, and "charged with ginseng and raspberry citrus" flavor.) Those spin-offs have helped the brand do something none of its major competitors — Coke, Pepsi, Dr Pepper — have managed to: grow sales every year since 2010, despite a widespread sense that America is moving on from its love affair with soda.

So this ambiguous drink is a big deal. But what is Mountain Dew, when you really get down to it?

We thought asking the folks at Mountain Dew would sharpen our understanding on a matter of such great import, but the mystery surrounding America's fifth most popular soda only deepened.

"We don't try to say what color the product is internally," Greg Lyons, vice president of marketing at Mountain Dew, told BuzzFeed News. He called it "Mountain Dew color," which really didn't push things forward much. We pressed further.

"Neon," he eventually said, reluctantly.

"That's if you're forcing me to describe it. 'Mountain Dew color' is in my words. If you force me to use an adjective, that's what I'd use. But I'd prefer, if you write about it, it to be Mountain Dew color. Because there's not really a color we call it."

The official BuzzFeed style guide does not recognize "Mountain Dew" as a legitimate color, so we're going to stick with chartreuse.

Like the best abstract art, Mountain Dew leaves plenty of room for interpretation. Since first launching as a whiskey mixer in Tennessee in 1940 — its name was old-timey slang for moonshine — it has successfully spawned a rainbow of spin-offs of differing colors, tastes, and fundamental natures.

The packaging and labels across the different products are not consistent. No Mountain Dew variety looks or tastes like the other, and yet no one challenges their membership in the Mountain Dew family.

Its owners see it as something that transcends the senses. Indra Nooyi, CEO of Mountain Dew owner PepsiCo, told BuzzFeed News that Mountain Dew is "an attitude. It's a fantastic attitude in a bottle." And attitude never had a particular taste, per se.

Mountain Dew is, at once, both nothing and anything.

Some Mountain Dews are yellow, some are red, some are blue. Some taste vaguely like cherry, others like berries or lime, yet their names — "Baja Blast," "SuperNova," "Code Red" — don't attempt to evoke any particular flavor. Soon, there even will be a Mountain Dew sauce at Buffalo Wild Wings.

Then there's Mountain Dew Solar Flare, currently available exclusively from the soda fountains at 7-Eleven. It describes itself as "Dew with a blast of tropical punch." None of these words are a flavor, or a taste, or even an attitude.


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