Sims Bark Company bagged mulch - from Wal-Marts in TN - apparant 36.2 percent shortage

# 23 for August 26, 2003

Complaints.com received the following consumer message on August 25, 2003:

From:

RE: Sims Bark Company bagged mulch - from Wal-Marts in TN - apparant 36.2 percent shortage

BEEN PURCHASING BAGGED MULCH TO TOP DRESS FLOWER GARDENS FOR SEVERAL YEARS, TRIED TO FIGURE OUT HOW MANY 2 CUBIC FOOT BAGS TO BUY BEFORE STARTING, ALWAYS NEEDED LOTS MORE THAN ESTIMATED.

THIS YEAR DECIDED TO MEASURE THE VOLUME ACTUALLY IN THE BAGS. PURCHASED 240 2 CU. FT. BAGS OF MULCH PACKAGED BY SIMS BARK COMPANY, DISTRIBUTED EXCLUSIVELY BY WAL-MART.

BOUGHT 60 BAGS AT 4 DIFFERENT WAL-MART STORES. IMMEDIATELY CHECKED VOLUME BY PUTTING THE MULCH IN A 76.56 RIGID SIDE STEEL CONTAINER. EACH TIME 60 BAGS FILLED THIS CONTAINER LEVEL FULL.

THE BAG LABELS ARE CLEARLY MARKET 2 CU. FT. IN 5 PLACES, 60 BAGS WOULD BE EXPECTED TO CONTAIN 120 CUBIC FEET OF MULCH. BUT FIT INTO A 76.56 CONTAINER, THERE IS AN APPARENT 36.2 PERCENT SHORTAGE.

WAL-MART SUPPLIER AND BUYER SAY,"WHEN THE MULCH IS WET IT WILL SHRINK, WHEN IT DRIES IT EXPANDS TO ITS NORMAL SIZE.", IN A LETTER WRITTEN BY HEATHER HOWARD OF WAL-MART CUSTOMER RELATIONS ON AUGUST 13, 2003.

HAVE NOT HAD A RESPONSE TO THE QUESTION, AT WHAT MOISTURE LEVEL DOES THE MULCH IN THE 2 CU. FT. BAG SWELL TO A TRUE 2 CUBIC FEET ?

36.2 % EXPANSION IS GROSS, HIGHLY UNLIKELY. ALL THE PURCHASES WERE TAKEN FROM NEWLY DELIVERED DRY SHRINK WRAPPED PALLETS BY WAL-MART EMPLOYEES AND MEASURED FOR VOLUME IMMEDIATELY.

THE VOLUME WAS CLAIMED ON THE LABEL TO BE 2 CUBIC FOOT EACH BAG AND WAS NOT AT THE TIME OF PURCHASE.

PLEASE TAKE NOTE, AND BE AWARE. IF THE LABEL SAYS SOMETHING, IT ISN'T NECESSARILY TRUE.

Follow up message:

Thank You for the responce !

Bought 60 bags mulch at Manchester,TN 07/09/03 14:56:39; same Chattanooga, Northgate 06/30/03 10:54:52; same, Kimbal,TN 06/27/03 09:13:11; same, Murfreesboro, TN 06/28/03 12:17:37 also purchased 60 bags for my niece at the Manchester, TN, WAl-Mart Store on 06/25/03, 09:40:22 these 2 CU. FT. bags contained only 1.27 cubic feet, just like all the others.

1. Sent a copy of the receipts to Mr. Charlie Rienhart office, Attn; Deddie (Mail Stop 155), 702 S W 8th Street, Bentonville,

AR, 72716, on July 1, 2003. With the same information.

2. Sent the same to Heather Howard, Assistant to the director, Customer Relations, Wal-Mart Stores, corporate Offices, Bentonville, AR 72716.

3. I was in the Garden Department of the Manchester, Wal-Mart at 14:06:32 August 28, 2003. I saw a person that I thought must be a Wal-Mart "Big Shot" and introduced myself, he identified himself as Richard Lockmiller, Wal-Mart District Manager.

He quiet graciously, said he could give me five (5) minutes to hear a problem."I buy hardwood mulch from Wal-Mart, 120 so called 2 CU.FT. bags at this store this season, but the bags contain only 1.27 cubic feet, a 36.2% shortage". Response, "explain", "You see that white pickup in the first parking spot with the service body, that body measures 108" long X 25" high X 49" wide, that is 76.56 cubic feet, your guys load 60 bags level with the top, nothing higher, they know I have to go up the mountain, any thing over comes off", about that time I saw one of the loaders, "Ask him he knows me and remembers loading this truck".

Lockmiller says, guess it is compacted, I respond, "This is the point of sale, I expect 2 cubic feet of mulch, see here on the bag, it recommends 3 " deep top dress, these bags only cover 5.1 square feet, 2 cubic feet should cover 8 cubic feet. Let me show you a product that says 2 cubic feet and is, (walking to another stack, different supplier) see how much bigger."

Mr. Lockmiller got the picture, "We have a problem, it will be solved," he went on with the store inspection. Think he is into the same gamesmanship as the other Wal-mart corporate people, don't give a hoot.

This is a big $ rip-off.