I suspect that taking on FMI directly might not be very effective. They exist and thrive on the dues of their members and so the members' voices are the ones most likely to be heeded.

I suggest that appealing to the members to lean on the FMI might work better. Convince them and let them convince FMI to change their minds.

One of the things that really irks me is that one sector of our economy is holding companies and industries in the rest of the economy as hostages. The FPLA applies to many, many goods outside the purview of the FMI, yet those cannot take advantage of metric-only labeling when they might want to -- all due to FMI digging in its heals.

Members of Congress are heavily lobbied by FMI, it seems. Otherwise they would not be able to be effective in preventing consideration of an FPLA amendment. Let your congressional representatives know that you oppose letting one industry bar progress by other industries.

Jim

On 2011-04-05 1201, [email protected] wrote:
John Steele,

I read the FMI posting by Ms. Tansing, and continue to have the distinct 
impression that the FMI *begins* with opposition to metric-only labeling,
and then searches for all imaginable excuses, however questionable, to oppose 
metric-only labeling.

The FMI continues to favor confusion rather than clarification of units of 
measurement for the benefit of marketing deceptions, rather than for the 
benefit of unit price comparisons by consumers offered by metric-only labels.

E. A. Mechtly

---- Original message ----
Date: Tue, 5 Apr 2011 04:08:34 -0700 (PDT)
From: "John M. Steele"<[email protected]>
Subject: [USMA:50288] Re: The FPLA amendment will likely make a difference
To: "U.S. Metric Association"<[email protected]>
Cc: [email protected]

   For a long time there has been nothing on the FMI
   website (what was there years ago had disappeared).
   However, a current search turns up the following
   link:
   http://www.fmi.org/gr/issues/gr_issues_display.cfm?id=156

   It is a rehash of points they raised years ago.
   Most of the points are either outright lies or are
   inaccurate depending on whether you believe the
   author is deliberately trying to mislead people or
   is clueless.  Certainly the FMI "reaction" has
   totally ignored recent clarifications and updates by
   NIST on the whole matter, and reflects knee-jerk,
   poorly thought-out reaction.  Numbering the tic
   points under Grocery Industry Impact as 1-14:

   1) Lie: Their food products are already labeled in
   metric, it's the law.  What is up for discussion is
   whether Customary can be dropped.  Do consumers
   understand 2 L better on a bottle of soda than the
   67.6 fl oz?

   2) Lie:  Unit prices may already be given in either
   metric or Customary units.  The packages that are
   not "metric only" will still have metric, allowing
   for unit pricing in metric.  Alternatively, the
   software can convert to calculate a Customary unit
   price.

   3) Lie:  If grocers are consistent in their units
   (the law says they should be, but many aren't)
   across "like product," simply pick the lowest
   price.  An aside, but inconsistent units are a pet
   peeve in unit pricing.  Soda may be priced by the
   ounce or quart and different brands or different
   sizes use a different basis.  The same occurs in
   many other aisles.  It is clear grocers don't WANT
   customers comparing prices.

   4) Lie: NIST is clear in the amendment that this is
   not a requirement.  Imported products are already in
   those standard sizes with a token Customary label
   slapped on.  Some manufacturers may introduce new
   sizes and rationalize their domestic and export
   products.  However, that will be their decision and
   is not required by the law.  In fact the law doesn't
   require anything, it ALLOWS dropping the Customary.

   5) Misleading: True as written but no package
   changes are required.

   6) Lie: The proposed amendment SPECIFICALLY allows
   random weight packages to be weighed in
   Customary-only.  The change is that the law would
   allow, not require, metric-only or dual, in
   addition.

   7) Lie:  Metric-only will not require this.  Package
   size changes probably would, but they are not
   required by the FPLA amendment, which SPECIFICALLY
   states they are not required.

   8) Unclear: If the government approves metric-only,
   it would appear the government needs to fix this.
   It is possibly a point that needs to be addressed.
   Point 9 is just elaboration on point 8

   10-14) Unclear:  Internal store operations that I
   don't fully understand.  However, the notion of
   labels frozen for 50 weeks is absurd.  My store
   changes a large number of shelf-edge labels every
   week with specials.  The product description is on
   that label along with unit price info.  Some of
   these seem preposterous.  I would note that price
   advertising on soda is normally on the basis of 2 L
   bottles not 67.6 fl oz bottles.  I am sure the
   problems could be solved.

   Finally, I would note the law does NOT require
   Customary to be dropped, it ALLOWS the Customary to
   be dropped.  I would expect manufacturers to
   consider and react to issues that grocers and
   customers may have to avoid drops in sales.  I would
   further note that many products are already offered
   in rounded metric sizes; many are listed on the USMA
   website and grocers have accomodated.  Some are
   individual manufacturers, some like soda, bottled
   water, olive oil, specialty vinegars, etc are
   essentially industry-wide.
   I have cc'd the author of the FMI position paper on
   this response.

     ------------------------------------------------

   From: James R. Frysinger<[email protected]>
   To: U.S. Metric Association<[email protected]>
   Sent: Tue, April 5, 2011 12:24:20 AM
   Subject: [USMA:50287] Re: The FPLA amendment will
   likely make a difference
   There is nothing that has been presented to Congress
   to revise the FPLA. As NIST has noted for a few
   years now, the Food Marketing Institute (FMI) has
   been a formidable opponent of an optional
   metric-only FPLA. They have posted some discussion
   of this on their website.* To present a suggested
   amendment now would definitely be futile. NIST
   continues to negotiate with the FMI on this matter
   and I think that some progress is being made.

   Jim

   * We were without electricity for several hours and
   got it back only in time for me to check essential
   mail, leaks, etc. before bedtime. I trust interested
   parties can look the matter up on their website.
   Metric Today (USMA's newsletter) has discussed this,
   too.

   On 2011-04-04 2004, [email protected]
   wrote:
   >  I am working in one of the data centers run by the
   company I work for
   >  and I noticed the bottle of Purell hand sanitizer
   placed in all of the
   >  break rooms is marked thus:
   >
   >  67.6 FL OZ (2 L)
   >
   >  The product is distributed by GOJO Industries in
   Akron, Ohio and is
   >  bottled for commercial use only.
   >
   >  If the FPLA were amended to allow metric-only
   labeling, I'm sure the
   >  next batch of labels printed by GOJO would drop
   the floozies. And I'm
   >  sure lots of companies would do the same for their
   retail packaging as well.
   >
   >  Too bad we have an uninterested Congress now,
   especially in the House of
   >  Representatives.
   >
   >  Ezra

   -- James R. Frysinger
   632 Stony Point Mountain Road
   Doyle, TN 38559-3030

   (C) 931.212.0267
   (H) 931.657.3107
   (F) 931.657.3108





--
James R. Frysinger
632 Stony Point Mountain Road
Doyle, TN 38559-3030

(C) 931.212.0267
(H) 931.657.3107
(F) 931.657.3108

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