Cat Fight Over Smelly Cat Litter Continues

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Church & Dwight Co., Inc. (“C&D”) the maker of Arm & Hammer® Super Scoop®has sued the Clorox Company (“Clorox”), the other leading seller of cat litter in the United States, for false advertising under the Lanham Act and various state law claims.

This cat fight initially involved Clorox advertisements that depicted multiple cats shunning and refusing to use a litter box with Super Scoop®. As a person who is allergic to cats, I had not seen (or at least not paid attention to) the advertisements then at issue. C&D asserted that these advertisements were demonstrably false and contradicted by C&D’s independently conducted research. In addition, C&D contended that the Clorox study that it believed was substantiation for the advertisements was severely flawed. First, the Clorox study used eight cats at the same time (I am breaking out in hives just thinking about it). C&D contended that inter-cat behavior can impact a particular cat’s use of the litter box. Such behavior does not relate to rejection or preference of a particular type of cat litter. Not surprisingly, C&D contended that a typical household does not have eight cats. Second, C&D contended that there was a smelly waste problem. The aggregated waste does not account for different cats producing different amounts of waste. (I am glad I was not involved in this study.)

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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.

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