Originally Posted on 10/6/05
On August 17, 2005 I published an article that was intended to demonstrate the difficulty in determining whether or not a new product or invention would be successful in the marketplace. I made the point that even large companies can’t always predict whether a product will be a success. Often, excess inventory from discontinued products are sold to BigLots and clearanced for much less than the products’ suggested retail price. I used Jolly Rancher Soda as an example of an unsuccessful product in this post: it was being sold for a mere $0.37 for a 20 ounce bottle.
Well, I got a call from a gentleman who identified himself as the president of Elizabeth Beverages the other day and he was not very happy about what I said concerning Jolly Rancher Soda. The Hershey Company licenses the trademark “Jolly Rancher” to Elizabeth to use on soda. I indicated in my previous entry that I believed that Jolly Rancher Soda was being sold in BigLots because it was failed product. Apparently, based on representations made by Elizabeth’s president, I was wrong. So in so much as my blog entry was upsetting to Elizabeth, the Hershey Company or any employee or stockholder of either company, I apologize. Jolly Rancher Soda was not the main topic of the post but merely an example, which as it turns out, may not have been a very good example afterall.
So below I offer a list of corrections as relayed to me by Elizabeth’s president. I have not verified any of these corrections, but I have no reason to doubt them either. Furthermore, these corrections are being written from memory: I did invite the Elizabeth’s president to provide me with a list of corrections in writing that I could directly publish but he declined. In so much as my statements below are not completely correct, I invite someone from Elizabeth Beverages to leave a comment to this post.
1. I stated that the size of the bottle being sold in BigLots was 16 ounces when in fact it is 20 ounces.
2. Jolly Rancher Soda has not been discounted and it is not a failed product. Rather, it is being sold at numerous locations, such as 7-Eleven stores.
3. The product in BigLots was there because of a “packaging/labeling change” not because of any problems with the product itself. I do not know what the problem with the labels and/or packaging was but again I have no reason to doubt the veracity of Elizabeth’s president.
So there you have it: my correction/retraction. Any to anyone that reads our blog: I encourage you to write or call us if you take exception to any of our writings, and if warranted, we will make the necessary corrections. I know it may come as a shock to some of you but even attorneys sometimes make mistakes ;>)
