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Playtex Loses $13 Million in False Advertising Case

Some cases just stink . . . literally! Especially when they involve baby diapers and advertising claims about diaper disposal pails and their ability to control odors.

Munchkin Inc. sued its competitor in the diaper pail disposal arena, Playtex Products, arguing that claims by Playtex that its Diaper Genie Elite product was “Proven #1 In Odor Control” were literally false, and that Playtex deliberately sought to deceive consumers. [Yahoo! Finance]

A federal jury in the Central District of California agreed, and “found that Playtex’s false advertising had deceived a ‘substantial number of consumers,’ and that its statements had likely affected consumers’ purchasing decisions. In addition, the jury ruled that Playtex had intentionally sought to deceive consumers in advertising that its Pink Pail diaper pail was ‘#1 Recommended Among 1st Time Moms.’”


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Published In: Business Torts Updates, Business Organization Updates, Consumer Protection Updates, Commercial Law & Contracts Updates, Communications & Media Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Robert Freedman - Partner at Tharpe & Howell, LLP | Attorney Advertising

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