Florists Urge FTC to Investigate 1800Flowers.com "Free Shipping"

According to Information Week, the "most effective way of luring customers" is to offer "Free Shipping".  How porwerful is "Free Shipping"?   Scott Silverman, executive director of Shop.org, said in a statement, "Free shipping offers drive online sales more than any other promotion, which is why they remain popular with retailers." 

The problem with using "free delivery" or "free shipping" with local florist-delivered flowers sold by 'online only' companies, affiliate marketers, is it's just not true. Per their agreements with florist wire services, local florists are obligated to fill orders for the same value they would their local customers. They deduct their local delivery fees from orders received through florist wire services, and then fill to full value. 

Many "online only" florists display floral arrangement prices with added dollars for delivery combined into the prices displayed on their websites, and then charge an additional service charge (which they keep) to transfer each order to a local florist. FTD.com does it. Teleflora.com does it. ProFlowers.com's same-day delivery does it. 1800Flowers.com does it, too.  

But now 1800Flowers.com, with nearly a $1 Billion in annual sales, is advertising to consumers that the discounting of their "service fee" on local florist orders is 'free shipping", and local florists have turned to the US Federal Trade Commission for help.

This week, more than 100 independent local florists signed and sent the following letter to the FTC requesting an urgent investigation into the advertising of "free shipping' claims by 1800Flowers.com:

Ms. Mary K. Engle
Associate Director
Division of Advertising Practices
Federal Trade Commission
600 Pennsylvania Ave., NW, NJ-3223
Washington, DC 20580

Dear Ms. Engle:

On behalf of professional local florists from across the United States, we are writing to you concerning the veracity of the labeling of 'shipping charge' and the claim of 'free shipping' made by affiliate marketer 1800FLOWERS.COM on floral products sold to be fulfilled and delivered by local florists. Upon careful evaluation of several online advertisements, we the undersigned, believe that 1800FLOWERS.COM, Inc. is in violation of Title 15 U.S.C. Chapter 2, Subchapter 1, Section 52) "Dissemination of False Advertising".

In both online advertisements and during checkout of online purchases, 1800FLOWERS.COM labels their local-florist-delivered product service charges or handling fees as 'Shipping Charges', but there is no 'shipping' involved in the delivery of the products.

These items, displayed on 1800FLOWERS.COM as 'Available Same-Day', are hand delivered by local florists and 1800FLOWERS.COM, Inc. bundles an additional local delivery fee in with the product prices displayed to consumers. The company's contract with local florist affiliates, under the 1800FLOWERS.COM subsidiary BloomNet, states "all prices include up to $7.99 charge for delivery". (Attachment 1, Attitude, 5.)

We believe the labeling of the service charge as 'shipping charge', both in advertisements and in 1800FLOWERS.COM's online shopping cart, is material to consumers making purchasing decisions. Most consumers assume that a certain amount of "shipping fee" is reasonable and they expect a "shipping fee" or "delivery fee" will be added to online purchases. If the label were correctly called "service fee" or "handling fee" and the bundled local delivery charge disclosed, we believe consumers would question the purchases.

By advertising "free shipping", 1800FLOWERS.COM doubly deceives consumers, first by mislabeling a "service fee" as a more acceptable "shipping fee"; and second by offering "free shipping" to imply the delivery charge is waived, when in fact it is not.

All of the items displayed on the November 15, 2007 "Free Shipping" page of 1800FLOWERS.COM are local florist delivered products. (Attachment 2) None of the items are 'shipped' via common carrier like FedEx or UPS.

We respectfully ask that the FTC seek an immediate temporary restraining order to stop this advertising campaign, which has already begun.

We believe consumers are wrongly diverted by this misleading labeling and advertising and urge the Federal Trade Commission to investigate these claims. It is important to the public and to local businesses that national affiliate marketers of floral products adhere to the guidelines and standards for truth and accuracy in advertising.

Thank you for your time and attention to this matter.

Sincerely,

Catherine Hillen-Rulloda, Owner
Avante Gardens - florals unique
Anaheim, CA

Heather Taulbee-McIntyre
Felicity Flowers & Gifts
Felicity, OH

Cheryl Ann Bakin, President
Parkway Florist Inc.
Pittsburgh, PA

Mark M Smith, Owner
Smith's of Midland INC
Midland MI

Patricia Gaylor, Owner
The Daisy Petal, Inc.
Hazel Park, MI

Rhonda Little, Owner
Millinocket Floral Shop
Millinocket, ME

Sue Payne, Joint  owner
New Leaf Flower and Plant Shop
Poplar Bluff, MO

Ted Robinson, President
Visser's Florist & Greenhouses
Anaheim, CA

Susan Kenny Mendelsohn, Owner
Hollyhocks Flowers and Gifts, Inc.
St. Louis, MO

Lori Kunian, Owner
Affairs to Remember
Melrose, MA

Eric Shaw, Owner
Everyday Flowers
Tustin, CA

Sandra Levine, Owner
Central Square Florist, Inc.
Cambridge, MA

Tammy Youngblood, Owner
Ivy Cottage Florist
Columbus, MI

Kathleen Dudley, Owner
The Bloomery, Inc.
Butler, PA

Bert Davenport
Avenue Gardens Florist
Wilson, NC

Richard Seekins, President
The Flower Place Inc
Fountain Valley, CA

Melissa Mega, Owner
The Ivy Green Floral Shoppe
Washington, PA

Roger Thernelius
Branching Out - the Florist
Lincroft, NJ

Glenn Yenulis, Owner
Especially For You, Inc.
Hoover, AL

Ricky W. King AIFD, SCCPF, NCCPF
Freelance Designer
Swansea, SC

Julie A. Rimm, Proprietor
JulieAnn's Floral & Gift Shoppe
Contoocook, NH

Tom Carlson
Fairview Florist
Janesville, WI

Linda Ludwig, Vice President
Blumengarten Florist
Pittsburgh, PA

Bob Michaels, Owner
Silver Fox Florist
Sterling Heights, MI

Connie Baker. Owner
Powdersville Wren Florist
Piedmont, SC

Cassandra Ching, Owner
Monarch Florist
Mission Viejo, CA

Jenny Thomas
Oak Hill Florist
Scarborough, ME

Jerry Richey, Owner
Jeremiah's Gardens & Floral
Genoa, IL

Jenny Bialas, Owner
Special Occasions
Milford, NE

Tracy & Michael D'Amico, Owners
Rose Garden Florist
Barnegat, NJ

Darla L. Barr, Manager
Dick Adgate Florist
Warren, OH

Aimee Lindh, President
Jacques Flower Shop, Inc.
Manchester, NH

Kimberley Kinion, Owner
Toledo Florist and Gifts
Toledo, OR

Kristine M Selleck, Owner
Thornapple Floral
Middleville, MI

Michelle McMichael, Oo-owner
The Posie Shoppe
Prineville, OR

Judy Holliday, Co-Owner
The Posie Shoppe
Prineville, OR

Sharon Richardson, Owner
Ferrari Florist & Gifts
Santa Cruz, CA

Jean E Holling, Owner
Floral Designs On 99th
Chicago, IL

Kathy Leon
Belli Fiori Florist
Monroeville, PA

Louis Taylor
Anna's Flowers & Gifts Inc
Indian Trail, NC

Robin R Phillips, Owner
MYLORDS floral
Anchorage, AK

Kathleen Kreher, President
Romance in Blooms ltd,
Chicago, IL

Russ Schmitt, Owner
Schmitt's Florist
Louisville, KY

Erlene R. LeBorgne, Proprietor
Rosemont Floral
Portland, ME

David Kurtinaitis, Owner
Forte's Wading River Florist
Wading River, NY

Dianne Richardson-Conda, President
Richardson's Flowers, Inc.
Ironstone Village
Medford, NJ

Tom Massingham, Owner
Garrison Hill Florists
Dover NH

Susan Felch, Owner
The Blumenhaus Florist
Park Falls, WI

Hugh Atkinson, Co-owner
Atkinson Flowers
Bay Roberts, NL

Kenji Adzuma, Owner
Flowers insolita
Huntington, NY

Steve Harada, Owner
Rabbit Floral
North Hills, CA

Jason Strandberg, Owner
Fairfield Flowers
Eugene, OR

Valerie Dawes, President
New Hampshire State Florists' Association
Allenstown, NH

Stacey Cofka
A Blossom Shop
Bayville, NJ

Parie Villyard, Owner
Secret Garden Fine Flowers
Amarillo, TX

John R. Bradshaw, Owner
Gilliland Flower Shop, Inc.
Stanford, KY

Stephanie Enriquez, Owner
Stephanie's FlowerHaus, Inc.
Indialantic, FL

Ray and Susie Matteson
Peters and Sons Flowers
Spokane, WA

Clay Atchison, Owner
McAdams Floral
Victoria, TX

Bennie & Frances Roten, Owners
Village Florist
Jefferson, NC

April Schwietz, Owner
Mocha Rose Floral Designs
Pittsburgh, PA

Gracia Marshall
St. Ignace Greenhouse and Florist
St. Igance, MI

Seth Koenig
Hefko Floral Company
Marshfield, WI

Shirley Richards and Gudrun Schatzler, Owners
Mann Florist
Sault Ste. Marie, ON

Christi Lopez, President
Bergerons Flowers & Events
Springfield, VA

Keith Hill
Beaverton Florists
Beaverton, OR

Barb Williams, President
Carlisle Flower Cart, Inc.
Carlisle, OH

Sophie Slagle
Marion Floral
Marion NC

Janice Comeau
Boutique Florale Gigi Inc.
Montreal, Quebec, Canada

Nancy Butts, Owner
Burgett Floral Inc.
Grand Rapids, MI

David E Hamilton
Martier's Florist
Bensalem, PA

Herb Rothe
Rothe Florist of Philadelphia
Philadelphia, PA

Walter Knoll
Walter Knoll Florist
St. Louis, MO

William F. O'Shea, Owner
Bill O'Shea's Florist and Gifts
Hasbrouck Heights, NJ

Leanora Reznik, Owner
Perfect Events
King of Prussia, PA

Tom Boesen
Boesen The Florist
Des Moines, IA

Tom Betts, President
Topper's European Floral Design
Seattle, WA 

Brad White, President
Dean's Designs, Inc.
Wichita, KS  

Steve Huth, Owner
Steve's Flowers and Gifts
Indianapolis, IN

Sherilyn Tannozzini, President
Flowers From The Rainflorist
Sunrise, FL

Edward R Kraft, President/Owner
Nanz & Kraft Florists
Louisville, KY

H. C. "Skip" & Lyn B. Shipman
VIP Florist Network, Inc.
Woodstock, GA

Kevin Kegan, President
Blossom Flower Shops
Yonkers, New York

Nancy Carrington, President
Marco Island Florist, Inc.
Marco Island, FL

Carl F Roehrich
City Line Florist, Inc
Trumbull, CT

Janice T. Karrh
Jon Wolf Florist
Savannah, GA

Jack Robinson
Phoebe Floral 
Allentown, PA

Marcia Schaaf
Bud Dauphin
Schaff Floral
Fridley, MN

Howard Hurst, President / CEO
Tipton & Hurst
Little Rock, AR

Renee Cox
Bloom Country Florist
Sierra Vista, AZ
Casas Adobes Flower Shop
Tucson, AZ

Richard & Genevieve Bagatta
Manteca Floral Company
Manteca, CA

Mary Barton
European Flower Company
Weymouth, MA

Wayne Pollack, President/CEO
Peoples Flower Shops Inc
Albuquerque, NM

Lisa Allen, Owner
Banda's Bouquets
Longview, WA 

Joseph G Mioux
Mioux Florists and Greenhouses
Carlyle IL

Phil Enderle
Marvel's Flowers
Killeen, TX

Bill Miller, Owner
The Flower Hut
Charlotte, NC

Terri Dickerson, Owner
Heaven Scent Florist, Inc.
Paris, KY 

Cheryl Pacheco, Owner
Carlson-Wildwood florist
Clearwater, FL

 Canada

John van Bruinessen
Durant's Flowers
Chesterville, ON

Mike & Sandie Bojeczko, owners
Holden's Florists (DUNDAS) Inc.
Dundas, ON

Victoria L. Cripps,
Freelance Designer
London, ON

Luc Morrissette, Owner
Alpine Flowers & Gifts
Elliot Lake, ON

Lynn Martin Freeman
Martin's, the Flower People
Toronto, ON

Bruce Hatcher, President
Regina Florist Co. Ltd.
Regina, SK

United Kingdom

Angela Ballard, Owner
Fleur de Paris
Newcastle Emlyn, Carmarthenshire, UK

Fleur de Paris - Flowers & Unusual Gifts
Wales
United Kingdom

Sarah Skrobacz, Owner
Arum floral design
Chesterfield, England

This letter originated at Flower Chat Florist Coalition
FlowerChat
Attn: Ryan Freeman
455 Route 306
Suite M #2329
Monsey, NY 10952

Florists are welcome to post their names, business names and locations here in support of this request, and are encouraged to contact the FTC in support of the investigation.