The Missing Rock Lobsters on Special

They are for Thai Green Prawn Curry for dinner tomorrow and Xmas Eve.

Somebody else is supplying the prawns for Xmas lunch at my wife’s sister’s place.

But if there is any curry left over, I guess we could leave some out for Santa.

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On the Australian runnnnn!
Expect it will be carefully balanced spices to ensure he completes the night full of joy.

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It appears that Woollies are preparing to tempt fate and disappointed customer fury by including the $20 WA Rock Lobsters in their new catalogue starting tomorrow.

https://www.woolworths.com.au/shop/catalogue#view=catalogue2&saleId=36691&areaName=FNQ&page=15

But not to worry. They have included a “get out of jail free” cop-out clause when people click on the product listing.

When I go fishing, I use prawns for bait, but Woollies are more upmarket and are using lobsters for bait.

“This item in not available online. Please visit your local store.”

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Surely that would be false and misleading advertising and covered by state laws?

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Why? There are many instances of products not being available in all stores and of some products being available online and not in store, or the reverse.

Read ALL the comments in full to comprehend my answer.

The fish you can catch on prawns are large enough. A whole lobster as bait and the catch might require a much longer freezer in the garage.

In the olden days lobsters were cheap if not by catch and even processed for fertiliser. (USA)

US11c per lb in the mid 1800’s and cheaper than a can of beans. How far we have come. Bet Heinz were wishing their beans were worth $100/kg today?

Yes, it’s US centric. One commentator was worried high off the boat prices in Maine in 2017 of US$5.95/lb (AU$18/kg approx) were enough to scare most customers away. Note that US lobsters seem to be popular at around the 1.5-2.0lb size (680-910gms). Does size matter and is 400gms minimum weight from Woolies or Coles the best deal? Or are larger weight lobsters better value?

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Still not getting it, why don’t you tell me what “that” is that would be misleading.

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It isn’t false or misleading. The lobsters have been available until stocks last. Many stores they walked out faster than speeding bullet.

If it was false and misleading, then every time any retailer ran out of a particular product (clothes, food, alcohol, vehicles etc) they advertise or are known to have, would be classed as being false and misleading. If this were the case, many retailers would shut up shop as it would be impossible to guarantee stock being available 100% of the time without fear of being fines/prosecuted. They would have to hold considerable stock which costs a lot, especially if it all doesn’t sell (because it goes out of fashion, the next new model is released or before a useby/best before date passes). Those who did stay in business (it would favour bigger companies which could afford the additional impost), the amount of waste would be significant and prices for the consumer would also increase.

My post above was for the new Woollies weekly catalogue which commenced today.

I believe the statement in the disclaimer means that some Woollies stores do not have a seafood section, not that they may not have lobsters in their seafood section.

Our local Woollies certinaly had no lobsters today, but they did have some crab half bodies for the first time.

After the last few weeks of disasterous mis-management of the promoted WA Lobsters, it is inexcusable that they are using them as bait advertising just 2 days before Xmas.

They do have a great selection of competively priced seafood, mainly Aussie seafood, but it is no excuse for deceptive & misleading advertising.

It isn’t misleading or deceptive, or false advertising. These have specific meanings under the Australian Consumer Law.

The catalogue makes it clear it isn’t available in all stores and that in those stores, it is available until sold out (see the T&Cs associated with the WA lobster).

It is very clear the availability of the lobster. While one may be disappointed not to get a lobster or 2, as indicated above,

This is not the case and if it was, the impacts would be as outlined in the previous post.

Edit:
It also isn’t bait advertising. The ACCC states:

Bait advertising

Bait advertising is the illegal practice of advertising specific prices (usually special ‘sale’ prices) on goods that are not available or are available only in very limited quantities (where this limit is not clearly and specifically disclosed).

You should only offer goods or services at a ‘special price’ if they are available in reasonable quantities for a reasonable period, unless you state clearly that the good is in short supply or on sale for a limited time.

As Woolworths (I haven’t checked Coles) state clearly the availability limitations, it isn’t bait advertising under the Australian Consumer Law.

Therefore it isn’t false advertising, misleading advertising or bait advertising under the Australian Consumer Law. Notwithstanding this, if one hoped to score a few for Christmas dinner and missed out, it does lead to disappointment. Disappointment isn’t a criteria for breaching the ACL.

I was replying to your comment 2 says ago QUOTE" It really appears that the whole Coles and Woollies $20 WA Rock Lobster promotion is really nothing more than bait advertising."
In some states that would be regarded as false advertising.
NO NEED TO REPLY im not interested in talking to someone who looks for an argument.

Well that’s good because that isn’t what I am doing so please do reply. But before you do check who said the quote about bait and switch, it wasn’t me. I do not see why my request for clarification is argumentative. If you had assumed good faith and given an informative reply to my first ask for more information this would have been over quicker with no accusations.

Assume we all accept the considered view point, offered in good faith and the spirit of Christmas.

There is a contradiction. It may not be well founded. The press may have a hand in building the hype.

The press has variously promoted:

  • The impact of the loss of the live export to China market to the Aussie public,
  • The size of the market loss affecting the WA as most is exported,
  • Referred to the bonanza to local supply and availability (a glut)?
  • Joined in promoting how good $20 lobster from Woolies (initially) and Coles is going to be.

Woolies and Coles have promoted the special.
At no time has either prominently IMO

  • raised the prospect that supply will be limited,
  • clarified how much supply would be available,
  • appended in similar prominence in the promotions limited stocks, time or store restriction ++

++ the 4 per customer limit at Woolies did become a clear note later in the day.

The press also failed (in the content I was personally exposed to) clearly state limited supply and increased demand were likely consumer risks arising from the offer. IE $20 lobster was likely interpreted by many consumers to be a reliable indication of the market price for all lobster at this time and supply was plentiful.

As I noted in previous posts, if one read between the lines, this was likely a false expectation. At least for now as it is below the operating costs of the industry. The industry has the discretion to not fish if the return is a loss.

Woolies and Coles have benefited from the increased interest in lobster as a product. The seafood industry and in particular lobster fishers have generated a significant amount of interest in their product, attached an emotional heart tug (save the Aussie lobster industry) and done so for minimal cost. They have likely subsidised the sale of a small quantity of the annual catch. Note 400+gm is the typical weight of the minimum size legal catch. The live export market is most profitable with larger sizes as is the domestic.

Merry Christmas to all reliant on the Australia rock lobster for their livelihoods. Hopefully domestic sales are up and the prices for most of the catch this season deliver a fair profit. For those who have not stayed tied to the wharf.

P.S.
True, I’m conflicted over whether consumers are doing the right thing by expecting the lobster fishery to operate at a loss, and then wondering at the lack of supply at the retail end. Or is this one brilliant marketing initiative that has cost the industry very little in outlays?

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My understanding is that the lobsters were stocks on hand when China pulled their disgusting actions, and that the fishers are not currently going out to catch new stocks.

So basically having a fire sale to help clear the freezers.

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The press isn’t Woolworths or Coles and isn’t required to disclose conditions of sale. If Woolworths and Coles were responsible, this steps into unknown territory for one organisation being responsible for another’s actions outside their control.

As indicated above, advertising by Woolworths (haven’t checked Coles) clearly state availability. From calculations posted by @fred123, there were a significant number (90 if every store had a seafood section) available on average in each store, but demand was very high for the lobsters (why limit was imposed). The high demand meant they left like a speeding bullet.

Just because a store didn’t sell seafood or ran out before one shopped (which occurs with many products on sale or sold), leading to disappointment, doesn’t mean the ACL was breached.

The prawns were fantastic but I unfortunately made the mistake of buying 2 pouches of the very attractive looking Gourmet Chef Thai Green Curry Sauce which Woollies had on top of their seafood display.

I used both pouches but the sauce was very disappointing and had a pungent taste similar to Keen’s Curry Powder, even after adding a can of Ayam Coconut Milk to it.

The previous time I made a Thai Prawn Curry, I used half a bottle of Ayam Thai Curry Paste along with Ayam Coconut Cream and it was perfect.

The best thing about this latest curry is that we will have finished it tonight, and we won’t leave any out to disappoint Santa.

Our little dog would be really upset if Santa only left him a piece of coal.

I don’t know about Coles, but for Woolies I have been told that all initial and restocking decisions Australia-wide are made by a computer in Melbourne. Local stores have very little if any say in the matter.

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When I went to our local Woollies today to get my wife’s milk, I noticed that there were 3 WA Rock Lobsters in the deli seafood diaplay.

I asked the same person who I got our 4 lobsters from and she said that they had just received a carton, and had got some 3 cartons delivered since Xmas…They still had a least half a carton in the freezer and they were still $20 each.

I guess the reason that they had not sold out is that either the novelty has worn off or the punters are in shock after maxxing out their credit cards.

We have yet to eat our lobsters and are still trying to decide how to serve them.

Whilst at our local Woollies this week, I saw a couple of the WA Rock Lobsters in the seafood cabinet with a $25 price sign.

I said to the employee “The price has gone up” to which she responded “Xmas is over”.

It sure is at Woollies.