Shasta County
District Attorney Jerry Benito announced today that his office joined with the
District Attorneys of Monterey, Napa,
Solano and Sonoma Counties to settle a consumer protection case filed against
Wal-Mart, the makers
of “Wal-Mart SuperTech Gear Oil”, and their
manufacturer, Warren Distribution. The initial investigation arose out of
inspections of Wal-Mart SuperTech Gear Oil by Shasta
County Weights and Measures, Petroleum Division officials. Investigators found that the gear oil did not
meet the advertised viscosity levels, in violation of California law. The investigation broadened, and the prosecutors
joined forces to undertake statewide legal action to eradicate the problem. Wal-Mart’s SuperTech
gear oil is made by Warren Distribution, a Nebraska corporation.
Wal-Mart and Warren cooperated with prosecutors during the
investigation and agreed to undertake additional testing procedures in order to
comply with the law. Under the terms
of the settlement, without admitting any wrongdoing, Wal-Mart, Inc., agreed to
pay $257,800.00 in civil penalties, $75,000.00 to reimburse the costs of the investigation and prosecution,
and $25,000.00 in restitution for a total settlement of $357,800.00.
Approximately
5000 bottles of the non-compliant oil was sold in California.
Gear oil is primarily used in heavy machinery and large trucks. It is unknown if any engines were damaged by
the bad oil, but it is likely that, given California’s overall mild climate
compared with the rest of the United States, no actual damage was done to any
Californian’s machinery, as any damage would likely occur only in extreme hot or
cold temperatures.
The Shasta County Department of Weights
and Measures routinely monitors local businesses and investigates products to
ensure compliance with state law. The District Attorney’s Office brings actions
such as this to ensure that local and national businesses comply with their
responsibilities under the law.
The
counties and cities involved will equally split the civil penalties paid by Wal-Mart
and Warren.
This means that Shasta
County will receive approximately
$65,514.00. The Department of Weights
and Measures will be reimbursed for all of the costs of their investigation.
In Shasta County,
the case was investigated by Shasta County Department of Weights and Measures
and prosecuted by Deputy District Attorney Erin M. Dervin of the Consumer
Protection Unit of the District Attorney’s Office. The Consumer Protection Unit exists to help
consumers with problems they may have with services provided by local
businesses or individuals.
For more information about the
prosecution, contact District Attorney Jerry Benito or Deputy District Attorney
Erin M. Dervin at 245-6310 and for information about the investigation contact
Shasta County Agricultural Commissioner/Sealer of Weights & Measures Mary
Pfeiffer at 224-4949.
1525
Court Street | Redding, CA 96001 | 3rd Floor | Phone: (530) 245-6300 | Fax:
(530) 245-6345
