Consumer Protection Alert

MDA Removes 303 Tractor Hydraulic Fluids From Sale, 303 Manufacturers Recall Product

Missouri retailers of tractor hydraulic fluid (303) have been notified by the Department that these products are misbranded because they fail to meet any current tractor manufacturer’s specifications. The John Deere (JD) 303 designation is 57 years old and has been obsolete for 43 years. In addition, there are no specifications available for 303 Tractor Hydraulic Fluids and, as such, products making only “303” claims cannot be tested to assure compliance with any known specifications. This action is being taken to protect tractor owners from equipment damage.

Over the summer the Department sampled 14 different 303 fluids, many claiming to work in almost every tractor. All 14 of these 303 fluids failed to meet current specifications and were found to be underperforming to the point that damage was likely to result from use.

Companies have been given the opportunity to revise their claims on the container to clearly identify the appropriate use of the product therein. The Department is working with manufacturers, distributors and retailers to ensure a low cost product with accurate labeling is available in the State of Missouri.

In the end, this action was taken to protect you and every other tractor owner in Missouri from damage to equipment. We are continuing to work with companies to revise their product claims or provide a higher quality product that meets a verifiable OEM tractor specification.

Notice to retailers with 303 products

Please contact your oil supplier to return any mislabeled 303 products for full credit. If you experience a problem with your return, please contact Weights, Measures and Consumer Protection Division Director Ron Hayes at (573) 751-4316.

Antifreeze/Coolant Notice

The Weights, Measures and Consumer Protection Division has tested the following Antifreeze/Coolant products which fail to meet Missouri’s requirements for one or more of the following reasons: The product contains less than the declared net contents on the label, the product did not contain the advertised contents declared on package labeling or the product fails to meet the advertised blend of ethylene glycol and water labeled on the package.

These products may cause damage to passenger car engines and are prohibited by state law.

The following products cannot be offered for sale in the State of Missouri:

• Bullseye
• MAG 5 Star
• North Atlantic
• Orbit
• Polar Zone
• Questron
• Super XXX
• Supreme XXX
• Xpress Lube Pro

Automatic Transmission Fluid (ATF) Notice

The Weights, Measures and Consumer Protection Division has also tested the following Automatic Transmission Fluid (ATF) products which fail to meet Missouri’s requirements for one or more of the following reasons: the product does not contain the advertised contents declared on package labeling, or contains less than the declared net contents on the label.

The following products cannot be offered for sale in the State of Missouri:

Motor Oil Product Notice

The Weights, Measures and Consumer Protection Division has tested the following Motor oil products which fail to meet Missouri’s requirements for one or more of the following reasons: the product contains used motor oil, is labeled with the wrong SAE viscosity, or contains less than the declared net contents on the label.

The following products cannot be offered for sale in the State of Missouri:

Additionally, the Petroleum Quality Institute of America, an independent resource for information on quality and performance of lubricants, has issued consumer alerts for various products under the following brands:

Effective July 1, 2013, national regulations require a cautionary statement on motor oil labels that advertise inactive or obsolete service categories.

Violation Descriptions

Short measure (413.115 RSMo):

The product contains less than the declared net contents on the label.

False or misleading advertising/labeling (413.105 RSMo):

Motor Oil / ATF products did not conform to the advertised viscosity, API service classification and/or product declaration labeled on the package.

Antifreeze products did not contain the advertised contents declared on package labeling or fail to meet the advertised blends of ethylene glycol and water labeled on the package.

Insufficient Declaration of Responsibility (2 CSR 90-22.140):

NIST Handbook 130, Uniform Packaging and Labeling Regulation
Section 5. Declaration of Responsibility: Consumer and Non-Consumer Packages requirements:

Any package kept, offered, or exposed for sale, or sold at any place other than on the premises where packed shall specify conspicuously on the label of the package the name and address of the manufacturer, packer, or distributor. The name shall be the actual corporate name, or, when not incorporated, the name under which the business is conducted. The address shall include street address, city, state (or country if outside of the United States), and ZIP Code (or the mailing code, if any, used in countries other than the United States); however, the street address may be omitted if this is shown in a current city directory or telephone directory.

Not labeled as reclaimed oil (414.112 RSMo):

The product was found to contain properties of reclaimed oil, but was not labeled as such.