The Seasonality of Materiality?


A false advertising case filed yesterday in Minnesota federal district court caught my eye: Splash Products, Inc. v. Twinco Romax, LLC and Twinco/Romax Wisconsin, Inc.

It is a rather straightforward false advertising case with the typical legal claims you'd expect to see, but what caught my eye is that the parties are going to be fighting over whether the defendant's windshield washer fluid avoids freezing at 20 degrees below zero, Fahrenheit.

Seems like a rather academic discussion for June, and hopefully the next 5 months, even in Minnesota. Nevertheless, it leaves me wondering about the necessary element of materiality.

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