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Brontide
August 11, 2009 4:18 PM
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Whenever I see boxes like that I wonder what sized dwarfs they used.

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DaveDidNotPay
August 14, 2009 8:16 PM
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@snowmoon: I had a similar experience with a cat condo before. My cat's not fat but he's not a chipmunk either. Got the condo home, unpacked, assembled and then suffered several lacerations as said cat panicked while I tried to carefully wedge him into his miniature dwelling.

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zarex42
August 11, 2009 4:18 PM
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That's outright fraud; K-mart and the manufacturer should be punished roundly for this sort of thing.

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4 replies
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craptastico
August 11, 2009 4:27 PM
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i imagine they could return it. @zarex42: i'm sure they can return it if not satisfied. seriously though, if that picture above is accurate, how can any kid expect to have fun on that POS?

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zarex42
August 11, 2009 9:11 PM
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@craptastico: The ability to return it is not sufficient punishment for defrauding people.

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Cant_stop_the_rock
August 11, 2009 4:37 PM
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@craptastico:

To be clear - you're talking about the picture with the girl standing in front of the pool, right? The other one is photoshopped.

I don't know how anyone could expect that small box to hold a pool the size of the one in the picture, but the picture is clearly and intentionally deceptive. I can't imagine that anyone who has bought that pool is happy with it.

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Englishee Teacher
August 12, 2009 9:13 AM
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@Cant_stop_the_rock: Isn't it a little hard to judge the size of something inflatable based on the size of the box?

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amuro98
August 12, 2009 4:30 PM
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@Englishee Teacher:
Well, it should have the actual dimensions printed on the box.

Even then, I remember seeing an inflatable \"water park\" at Costco that had heavily abused Photoshop for its cover. Judging by the picture of the kids standing on or around the thing, the manufacturer was implying the thing was roughly 20'wide, 30' long, and at least 15' tall - and yet it all fit into a box barely 2 cubic feet in size.

Looking at the actual dimensions printed on the box (6'x4'x3') it was barely big enough for a single 2 year old to play with, let alone the 10 tween-aged kids pictured on the box.

It's one thing for consumers to be sharp and astute, but would it really be too much to ask if the stores exercised a bit more scrutiny about the products they offer?

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zarex42
August 11, 2009 4:19 PM
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I'll add that in many states, such as Massachusetts, you are eligible for triple damages for similar acts of consumer fraud (Ch. 93A).

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2 replies
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Hoss
August 11, 2009 4:24 PM
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@zarex42: Only if the business does not respond appropriately, such as refusing a refund

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zarex42
August 11, 2009 9:06 PM
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@Hoss: Not quite true, though it's obviously easier that way.

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amuro98
August 12, 2009 4:36 PM
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@zarex42:

Triple damages!?

So does that mean Massachusetians can triple their cash simply by buying pool products with deceptive packaging? This could be the a new economic stimulus package. Best of all, it won't cost the government anything, and it's open market friendly. It's a perfect win-win-win solution!

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NTC-Brendan
August 11, 2009 4:20 PM
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That should be worse than a crime... I hope K-mart does something before it is mandatory that we as a community EECB them back into the stone age. They probably deserve whatever they get.

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Kimaroo - 100% Pure Natural Kitteh
August 11, 2009 4:26 PM
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Awww man.. not again!


Won't someone think of the children?!


I tried to find the other stories on the Consumerist where kids were disapointed by the tiny children on the boxes of these outdoor toys and I couldn't seem to get the right search terms.. but I know it's happened more than once on here.


Stupid tiny children. They should stop their fun looking product modeling.

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Kimaroo - 100% Pure Natural Kitteh
August 11, 2009 4:28 PM
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@Kimaroo - 20% More Kitty Added!: Ah Hah! Here is one.


It's the same company too. These guys should be taken down.


We need the giant children to go stage a revolt against the tiny children.

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dorastandpipe
August 12, 2009 4:40 AM
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@Kimaroo - 20% More Kitty Added!: I thought we went through this once before.

I bet they can get away with this type of deception because they list the dimensions on the box.

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Rachacha
August 11, 2009 4:27 PM
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Seems as if the Donnellans need to go after their blog host next...we brought their server down.


This seems to be a common theme with this particular manufacturer.

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3 replies
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ShruggingGalt
August 11, 2009 4:28 PM
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@Rachacha: Wasn't there a post about this last year? Same company - Banzai. And wasn't it a \"Six Flags\" branded slide?

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MostlyHarmless
August 11, 2009 7:17 PM
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@Kimaroo - 20% More Kitty Added!: Lol But I dont have a 20% more penguin poking out of me. :P

Its weird, but when i read the \"20% more kitty added\" part, the first thing i thought of was some guy who had his twin brother growing inside of him.

If anything I would be an anthromorphic penguin. Maybe I should switch to dolphins.

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Kimaroo - 100% Pure Natural Kitteh
August 11, 2009 7:30 PM
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@MostlyHarmless: Ewww.. That's gross. I was just trying to be witty after I finally got an icon for myself.


I didn't intend to conjure gross mental images of my cat poking out of me or mutant cat/person connotations.


Now I'm self concious because last night my husband said that my name was \"stupid\" and \"too long\".


Maybe I'll change it to Kimaroo - New and Improved!

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Rectilinear Propagation
August 11, 2009 8:28 PM
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**Its weird, but when i read the \"20% more kitty added\" part, the first thing i thought of was some guy who had his twin brother growing inside of him.

Ewww.. That's gross.

@Kimaroo - 20% More Kitty Added!: Actually, that episode of The Venture Bros. was pretty good.

**MostlyHarmless

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Rectilinear Propagation
August 11, 2009 5:17 PM
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@ShruggingGalt: I want to say there was already another one this year too.

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Skankingmike
August 11, 2009 4:30 PM
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that pool is massive in the picture, even if they get a refund there should be a suit to pull those from the shelves as they are grossly exaggerated.

What was the marketing guy thinking? I know we'll shrink all the kids so we can fit 10 of them in this thing when it barely handles one.

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takes_so_little
August 11, 2009 5:58 PM
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@Skankingmike: \"What was the marketing guy thinking?\"

Probably that the picture would move units, and 99% of consumers would be too stupid/lazy/embarrassed to do anything about it.

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JustinSane07
August 11, 2009 4:35 PM
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The funny part about this to me is that the daughter is annoyed, but the boy is just happy to have a pool. He doesn't give a rat's ass that it's smaller than it pictures.

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JulesNoctambule
August 11, 2009 5:12 PM
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@JustinSane07: Considering that as a child my husband considered jumping off the roof of the garage repeatedly* to be a great way to spend an afternoon, I can't say I'm surprised.

(*You can still see the scars where the doctor put his elbow back together with pins.)

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JulesNoctambule
August 12, 2009 1:51 PM
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@dorastandpipe: We joke that he's secretly part robot now.

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G.O.B.: Come on!
August 11, 2009 8:33 PM
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@JulesNoctambule: The fuck? It just sounds like he knew how to have a good time.

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JulesNoctambule
August 12, 2009 1:52 PM
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@G.O.B.: Come on!: Good time? The only variety in jumping from the roof to the ground over and over again is the injuries received. I'd get bored fast.

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Skankingmike
August 11, 2009 4:41 PM
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@JustinSane07: He'd probably would be happy with a cardboard tube as well.

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silver-bolt
August 11, 2009 10:42 PM
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@Skankingmike: Or a refrigerator box

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bwcbwc
August 12, 2009 8:57 AM
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@FTWGeek: Nah, I think the problem is that the pool is so small they have to take turns to both fit in. He's just happy cause it's his turn.

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sickofthis
August 11, 2009 4:40 PM
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You see this all the time with grills, too. They put teeny, tiny hamburger patties and steaks on the grill for the picture on the package to make it appear the grill will accommodate more food than it actually does.

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riroon
August 11, 2009 4:42 PM
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My kids were victims of Banzai's 'Water Park' this year. The pic had five eight-year olds playing in the pool; my eight-year old daughter was TALLER than the length of the pool.


Banzai probably thought they could outsmart common folk by posting dimensions on the box (as we all carry tape measures with us to go shopping), and have a warning on the inside flap begging 'not to return to the retailer'... like, 'please don't tell on us!'

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Oddfool
August 11, 2009 9:04 PM
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@riroon: I used to work at Walmart in the Toy dept, and every summer when we had pools in stock, I used the floor tiles to mark out the approximate size of the pool. (Usually in my case, the pools were larger than they were anticipating, and they had later found out yard really wasn't big enough, after they had already removed contents from box and had set up.) I've never had anybody claiming problems with these types of pools though. Although, I will admit, I wasn't in return center to hear complaints, if any.

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takes_so_little
August 11, 2009 5:59 PM
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@riroon: So did you get a refund?

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catniplover
August 11, 2009 4:43 PM
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The sad thing is now when I see stuff like this in stores I expect it to be crap...I expect that the manufacturer is lying to me with the picture and I wouldn't buy it if it was 99 cents. Good thing my kids are happy running through a sprinkler!

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Fanboy1217
August 11, 2009 4:51 PM
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I like in the video how the boy is jumping from the slide to the stairs and then the stairs tip over when he reaches them. it made my lunch.

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PinkBox
August 11, 2009 4:54 PM
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Am I weird for thinking the pool isn't that much smaller than shown on the box?

I paused the vid around the one minute mark where the kid is jumping around, and he looks around the same size as the kid on the left of the box photo.

Seriously not trying to blame the op. Just wondering if my eyes are playing tricks on me and everyone else is seeing a much, much smaller pool than I am.

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Megalomania
August 11, 2009 5:00 PM
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@PinkBox: Just look at the picture - on the box, the slide is taller than the kid sitting in the pool. In the (non photoshopped) picture, the slide is probably about high enough to reach the kid's knees.

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Outrun1986
August 11, 2009 5:03 PM
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Its not Kmart's fault here as they are just stocking the product, but yes they should give a refund without questions. Hopefully this person saved their receipt because Kmart does not accept ANY return without the receipt anymore (or at least thats the policy at the store closest to me). The retailer does have some responsibility to take in knowingly selling merchandise that is falsely advertised.

I do have to agree though, that pool is grossly undersized based on the image on the packaging. There are 5 kids on the packaging and the kids on the packaging look bigger (at least 10-12 years old) than the ones trying to play in the pool for real. There is even one teen/adult in the pool on the picture and in the picture it is holding him fine. This pool can barely hold 2 smaller children given the pictures of the actual pool.

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lannister80
August 12, 2009 12:46 PM
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@Outrun1986: It's called due diligence. Research products before you stock them.

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working class Zer0
August 11, 2009 7:56 PM
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@Outrun1986: More Banzai fault but the Buyer for K-Mart would have known.
I don't feel mercy for K-Mart as they are part of the deception.

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Cheapskate Brill
August 11, 2009 6:36 PM
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Of course it's K-Mart's fault. They made the choice to sell this crap. They are fully responsible for their product sourcing.

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Applekid
August 11, 2009 5:29 PM
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@Outrun1986: I'd contend that a good store owned by responsible businesspeople wouldn't stock an obviously fraudulent item as it reflects poorly upon THEM.

Sure, a retailer like K-Mart would do the refunds as a cost of doing business knowing some percentage of people will toss their receipts immediately, some won't be bothered to hassle with the line at returns, and some are ok with the deception. They'd pass the buck to the manufacturer.

Apple-mart will only stock the finest in, uh, gosh, I really don't want to open a retail store. What a hassle to make sure what the \"finest\" of anything is.

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Outrun1986
August 11, 2009 6:40 PM
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@Applekid: Yeah this really should be the case, but with the corporate structure of retail the same products are often stocked amongst the whole chain and there is nothing store managers can do to remove individual products from their shelves if they are part of a big corporation. There is no way the manager can open a box to every product to make sure it is legit before selling it. You can't blame the girl or guy at the return desk because they don't have any control over what products get into the store and what do not. The only thing they can do is refund and say I am sorry. Chances are 99% that the individual store manager doesn't even know what is going on with Banzai and fraudulent advertising, its just a product they stock like any other product. Buyer beware.

The blame really lies on the manufacturer (Banzai) for creating the deceptive images on the box in the first place.

Frankly I would not buy any product that says return to manufacturer on it unless I really knew that the manufacturer would stand behind its products and it would have to be a very exceptional circumstance. It seems like this statement on a product is a red flag saying its a shady product that may or may not be as advertised or may not work properly. Thankfully certain states have laws that basically say if you buy something at a certain retailer that they have to take it back regardless of these statements if the product is faulty.

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Scoobatz
August 11, 2009 5:08 PM
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What would be the harm in delivering the product pictured on the box and charging consumers an appropriate price for it? The Banzai pool designs are actually quite good, but you'll never be able to find a product that lives up to its picture.

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2 replies
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silver-bolt
August 11, 2009 10:47 PM
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@Scoobatz: A 10% size exaggeration in the picture might be okay, but nearly 50% or more is not \"hardpress to live up to its picture\", its downright fraud.

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Rectilinear Propagation
August 11, 2009 5:21 PM
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What would be the harm in delivering the product pictured on the box and charging consumers an appropriate price for it?

@Scoobatz: But then they wouldn't be ripping somebody off.

*horrified gasps*
*soap opera organ music*

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howie_in_az
August 11, 2009 5:28 PM
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Didn't this happen with something eerily similar on Amazon?

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redskull
August 11, 2009 5:29 PM
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Maybe the pool on the box was \"enlarged to show texture\" like it always says on cereal boxes?

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bubbledumpster
August 11, 2009 5:37 PM
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another reason to NEVER shop at K-Mart.

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Scoobatz
August 11, 2009 7:51 PM
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@bubbledumpster: Make sure you don't shop at Walmart, Toys-R-Us, Target, or Amazon either. You can find this product at any one of these locations.

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bunnymare
August 11, 2009 5:37 PM
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Let me be clear first that I don't blame the OP at all. The packaging is clearly and obviously a deliberate lie, one that takes advantage of kids, and the manufacturer should face punitive consequences.

However, Googling the thing I see it seems to sell for about $30, and if it was on sale it would have been less than that. If I looked at the price, and then looked at the package, I would have thought to myself \"NO WAY am I getting that giant Alligator pool for this price, something must be up\". And I probably would have then checked the dimensions, or opened the packaging to examine it. Look at the little girl holding the box - NO WAY is a pool as big as shown on the box contained in that tiny package. Adults have these critical thinking skills, and we should use them. This OBVIOUSLY does not absolve this manufacturer (or any other) from the obligation to NOT LIE ON THE BOX. Rightly so does Banzai now have an absolute bad name in my mind.

However, I would sort of feel a duty to teach my kids that critical thinking lesson (to doubt advertising, etc.) and protect them from the bitter disappointment of opening the slide to find out it's smaller than depicted. That's a life lesson they need to learn, and one where the teaching should start young. The kids were not really in a position to be able to figure that out before getting home, but the parent was.

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larkknot
August 12, 2009 4:42 AM
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@bunnymare:The disappointment combined with mom's \"I told you it wouldn't be as much fun as the package/commercial made it look\" taught me to mistrust advertisement. It is an attitude that keeps my bank account happy.

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Scoobatz
August 11, 2009 8:01 PM
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@bunnymare: I don't agree with your logic about the price vs. the size of the pool. There are many inflatable pools in the $30 price range that are bigger and nicer than the one featured in this article. For example, the Intex Rectangular Party Pool is 10 feet long and easily big enough for four adults. I bought one for my 3 year old son for $30 and it's enormous -- and it looks just like the picture on the box. Inflatable pools are extremely cheap to make. There's no reason the picture on the box couldn't have matched the product in reality.


I don't understand the life lesson you will be teaching your kid -- other than to stay away from Banzai products. Or, I guess you'll make them Google every purchase before they buy it.

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bunnymare
August 12, 2009 1:57 AM
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@Scoobatz: Other responses have explained it well. Simply put, the lesson I would want my kids to know is to distrust advertising and think twice about retailers'/manufactuers' claims about their products. It's a lesson I am happy my parents taught me. I hope that I do manage to teach my kids to think carefully about non-routine purchases, research them, do some price comparisons, etc. I would say that is a Consumerists' Best Pracice!

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Oddfool
August 11, 2009 11:24 PM
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@Scoobatz: One life lesson would be to check the details on the box, not just the picture. Check the product dimensions vs. the cost. Realize that the advertising part of the package may not always be what you imagine. (Ever have a restaurant burger that did not live up to the advertising?) Since they have encountered this misrepresentation of a product, now you can teach them to compare products whenever they make a purchase, so they get the best deal. Sad to have this example disappoint them, though.

Oh, and also stay away from Banzai products.

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Scoobatz
August 12, 2009 1:09 AM
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@Oddfool: I agree with you. Restaurant menu items come to mind right away when comparing the picture of what you expect to get to what you receive. And, perhaps, infomercial products are similar (although I've never purchased any before).

Besides these clear examples... and Banzai products... I can't think of anything else that is so commonly grossly misrepresented. That's why I don't think it was unreasonable for the kids (and the parents) to presume the product they were purchasing was similar to the item displayed on the box. And, while dimensions were provided, it's additionally reasonable to estimate product size based on its size in proportion to recognizable objects (i.e. the kids on the box cover). Dimensions are more important when you have no frame of reference.

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sumocat
August 11, 2009 6:19 PM
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@bunnymare: So you would protect your kids from disappointment by teaching them the important lesson of distrust? Okay, but how would your lesson be any more effective than the one these kids just learned? And what about learning how to peacefully strike back at those who wronged you? I think these kids got a two-for-one deal on life lessons in this.

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bunnymare
August 12, 2009 1:59 AM
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@sumocat: Hells yes I want to teach my kids the important lesson of distrust of advertising!!!

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trujunglist
August 11, 2009 9:50 PM
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@sumocat:

That little girl has no intention of peacefully striking back at Banzai. Just look at her face. She wants to kill. Only blood will satiate her desire for revenge. If you're going to hire little girl to kill the bad guys, you'd better make damn sure that the bad guy isn't YOU YOU YOU YOU YOU

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sumocat
August 11, 2009 6:03 PM
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These kids are obviously giants.

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treimel
August 11, 2009 6:28 PM
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Man.. this is exactly like my SeaMonkeys.

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ModernTenshi04
August 11, 2009 6:43 PM
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The photoshop job on the packaging is bad enough on its own.

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econobiker
August 11, 2009 6:51 PM
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The company probably has micro-print somewhere on the box (most likely in the huge product warning statment) that says:


\"Colors, dimensions, and product features may vary from pictures. Company reserves the right to change specifications without notice.\"


Then they use this to bail on mad customers.

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BytheSea
August 11, 2009 7:10 PM
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But . . . the box is like a large shirt box. What could they have possibly expected?

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Face Imploder
August 11, 2009 8:04 PM
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I was really hoping for a story where a kid gets BURNED by a pool toy. This is similar to the whole \"Wendy's Manager Pulls Customer's Pigtails\" thing. STOP MISLEADING READERS, CONSUMERIST!

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Syntania
August 11, 2009 8:19 PM
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Banzai products have been known to do this before. They misrepresent their water slides and such as much larger than they truly are. Many a time have I seen them returned to the store, usually carted by an angry parent and upset children.

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Tawnie is Monster Mashing
August 11, 2009 9:04 PM
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The problem with Banzai is they do not change the picture on their boxes for the smaller products. They have huge systems that retail for over $300 and the pictures are the same as the smaller $30.00 products.

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Voyou_Charmant
August 11, 2009 9:35 PM
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The worst part is that the all of the inflatable slide pieces are made of 100% lead and it suggest filling the pool part with anti-freeze instead of water.

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Dave J.
August 11, 2009 10:20 PM
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\"Stonehenge, where the demons dwell, and the banshees live, and they do live well...\"

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czetie
August 11, 2009 10:30 PM
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Banzai seems to specialize in crap. I have one of their products (my son had been asking for it all summer, it was on clearance at Toys'r'us). Sure enough, it took about 15 minutes to break. And in the box is the big notice: \"THIS PRODUCT CANNOT BE RETURNED FOR A REFUND AFTER IT HAS BEEN UNPACKED AND USED\". Gee, who awarded Banzai the authority to unilaterally change consumer law?

The company behind the Banzai brand is ToyQuest. They also OEM stuff for a bunch of other companies like Nickelodeon and Disney. If you bought a toy last year that turned out to be shoddily made and dishonestly packaged, chances are ToyQuest made it.

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Grrrrrrr, now with two buns made of bacon.
August 11, 2009 11:42 PM
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I blame the Op for having uber-huge children when clearly, he should have had proper mini-children as shown on the package.

What a ripoff.

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rhys1882
August 11, 2009 11:57 PM
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This is insanely common. I have seen multiple pictures of these digitally shrunken kids used to make a tiny kiddie pool look much larger. I saw another one posted on a website somewhere, cannot remember where now. Here's a completely different one I just came across though: [www.shoot-me-now.com]

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bige22079
August 12, 2009 2:18 AM
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Critical thinking is key. Avoid the impulse buys spurred on by offspring pressure.


Remember, K-Mart historically sells poor quality products.

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catnapped
August 12, 2009 11:11 AM
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@bige22079: \"Remember, K-Mart historically sells poor quality products.\"

They definitely should've shopped at Walmart!

Oh wait....

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Aristotle-or-PlayDoh
August 13, 2009 3:49 PM
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Am I the only one to side with Banzai?
People with giant kids shouldn't complain.
Think of the NBA and WNBA income down the road and let it go.

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