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Determination 38
Minnesota News Council

In the Matter of the Complaint of
Regina's Fine Candies against the Mpls Tribune

Regina's Fine Candies, St. Paul, complained that a taste survey of chocolates was unscientific and unfair to Regina's and to the U.S. chocolate industry.

Background: On May 10, 1979, the newspaper published a Thursday Food section story on Mother's Day chocolates. The reporter assembled "eight of the most serious chocolate lovers" - all unnamed - for a "blind tasting" of chocolate products from six Twin Cities candy stores, including Regina's. The tasters rated one-pound candy assortments and solid chocolates on a numerical scale for "taste, freshness, texture and overall appearance." Regina's candies were ranked fifth by the tasters, in part because they criticized the company's chocolates for being waxy.

Calling the rating system unscientific, Regina's complained that the paper failed to identify the tasters or their qualifications, or to explain adequately the tasting method. The test results were skewed, Regina's claimed, because the tasting of solid chocolates was based on a commercial coating the company buys for resale but does not use in its manufactured assortments. Criticism of the chocolate as "waxy" was also misleading, Regina's said, since wax is not used in chocolates and Regina's does not use compounds or stretchers. Lastly, Regina's complained that the article was unfair to the candy industry as a whole because it contained several unsupported statements that indicated a general decline in the quality of American candy.

Regina's contacted the paper's reader's representative and asked that a correction or clarification of the article be printed. The paper did not feel that such a response was warranted.

Response of the news organization: The paper said the article was clearly labeled as a blind tasting, distinguishing it from a scientific survey. The newspaper likened the article to a traditional restaurant or wine review, with the tasters acting as reviewers. The paper also said that use of the term "waxy" did not mean Regina's chocolate contained wax, but was like wax in that it did not melt quickly. Although the paper acknowledged that its reporter had purchased a non-Regina's product for the tasting of solid chocolates, it said the mix-up occurred because of poor package labeling. Finally, the paper said its overall coverage of the candy industry was balanced inasmuch as it had published other articles favorable to Regina's and the local candy industry.

Determination of the Council: The article appeared to be based on a scientific survey; the paper should have clarified the tasting methodology to its readers and identified the tasters and their qualifications. The reader's representative himself, in a column published May 27 in the paper, said: "The failure of the judging method was that it masqueraded as science. It lumped the subjective judgments of unnamed people with unknown qualifications into an ostensibly objective number measurement of an unregulated mixture of ill-defined characteristics."

The newspaper should have published a clarification when Regina's informed it that its reporter had purchased the wrong product for the tasting of solid chocolates. Additional clarification was in order because characterizing Regina's chocolate as "waxy" may have misled readers to believe that the company adds compounds or stretchers to its chocolate coating.

On the whole, the article should be characterized as consumer reporting rather than as a restaurant or wine review. In those types of reviews, the reviewer is identified and his or her qualifications are generally known to the reader; also, a numerical rating system is not used.

Finally, the paper's overall coverage of the candy industry cannot be regarded as fair in view of the other articles it cites. Previous or concurrent coverage that may balance the overall coverage does not obviate the responsibility to be accurate and thorough in each article.

The complaint against the newspaper is upheld.

June 1, 1979


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