I’m not saying that what BevMo is accused of doing was cool—but it’s not the worst thing in the world, either, and the take-home lesson for consumers is not to base their entire buying decision on in-store displays, including shelf talkers.
The accusation in the class action suit against BevMo is simple: the vintages on the store’s “price signage” and the vintages on the bottles on the shelf were sometimes different. For example, one BevMo shopper complained to a CBS-TV reporter who accompanied her to a Manhattan Beach branch of the store, “Look here, ‘Malbec Mendoza 2012’ and the bottle ‘2013.’” The consumer added, “The product should be what exactly it says it’s selling.”
Well, that is undoubtedly true, and I’m sure after all the negative publicity, BevMo is hugely embarrassed and will do their level best to make sure that doesn’t happen again! But, let’s face it, with so many different SKUs on their shelves, and more wines coming in and going out every day, and individual stores probably having to depend on corporate to provide the shelf talkers and other print materials, it’s awfully hard for the floor staff to keep everything current. I’ve seen the same vintage variation in other big box supermarkets, and also seen how not even some wineries can keep up with the current vintage on their own website!
So this isn’t to excuse BevMo, it’s just to provide a little context. Besides, do you think that there’s going to be a huge difference between a 2012 Malbec that gets a good score and a 2013? Probably not.
The shopper who complained about BevMo told the TV station she felt “swindled a little bit.” That’s an exaggeration. “Swindling” is the conscious act of defrauding somebody: My Webster’s dictionary calls it “to get [something] by false pretenses or fraud.” I don’t think that anybody at BevMo deliberately performed a fraudulent act upon the public. Surely it was, as I said, a simple mistake or oversight by a busy staff that just couldn’t keep up with everything.
Look, sometimes I think these class action lawyers have gone amok. As for the TV station, we’ve all seen local television news in our own cities and home towns. We know how desperate some of these “investigative” reporters are to find some scandal, some egregious violation of the public trust, to report on the 5 o’clock evening news. But I think we also know how they can make a mountain out of a molehill. Go to the article in the link I provided and read the snippets of transcripts of the conversation between the CBS producer and the BevMo clerks s/he confronted about the misleading vintage signs. It reads like a Saturday Night Live parody. Yes, BevMo store clerks—like clerks in all big boxes, and quite a few in small stores too—would benefit from additional training, not just in wine but in everything. But do you really expect a cash register clerk to be a wine expert—to understand the legalities of vintage dating? That seems unreasonable to me. I shop at BevMo and have ever since they opened. It’s a fine chain; there’s a nice one here in Oakland and I’ve bought wine and beer there for many years. When you shop at a big box liquor store, you sort of implicitly understand you’re not going to get the same level of professional knowledge as you would in a small fine wine shop. On the other hand, you usually won’t pay as much money, either. And there is a connection! So lay off BevMo, please. It can happen to anyone.