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ARTICLE ID 188963

$________ – CONSUMER FRAUD – PLAINTIFF ALLEGES THAT DEFENDANT’S ADVERTISING INTENTIONALLY DECEIVED CONSUMERS REGARDING ODOR CONTROL AND APPROVAL OF ITS DIAPER DISPOSAL PRODUCT.

U.S.D.C. - Central District of California

In this false advertising matter, the plaintiff competitor alleged that the defendant made false representations in the advertising of its diaper odor control system to deceive consumers. The defendant denied the allegations and counterclaimed that the plaintiff’s advertising was false and misleading.

The plaintiff, manufacturer of a diaper odor control and disposal product entitled ARM & HAMMER Diaper Pail by Munchkin, alleged that its competitor, Playtex’s advertising of its competing product, Diaper Genie Elite, was false and intentionally misleading to consumers. The plaintiff alleged that the defendant advertised that it was "Proven #1 in Odor Control" which was literally false. The plaintiff also alleged that the defendant’s Pink Pail product was touted as "#1 Recommended among 1st Time Moms" and was intended to deceive consumers of these products.

The plaintiff brought suit alleging that the defendant’s advertising claims were false and misleading to consumers. The defendant denied the allegations. It countersued the plaintiff alleging that the plaintiff’s own claim of "New #1 in Odor Control" was false because its testing was not relevant to consumer use of diaper pails. The defendant maintained that the plaintiff failed to use humans to detect odors and measured only the emission of ammonia from the disposal product.The matter was tried over a period of two weeks. The jury deliberated for a total of five hours before returning its verdict in favor of the plaintiff on the plaintiff’s complaint and finding in favor of the plaintiff on the defendant’s counterclaim. The jury awarded the plaintiff the sum of $________ in damages.

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