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ARTICLE · 11 DECEMBER 2023

Trash Talk: Part 2

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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When I blogged about claims that denigrate competitors just last week, little did I know that another relevant decision was about to be released.

United StatesEnergy and Natural Resources

When I  blogged about claims that denigrate competitors just last week, little did I know that another relevant decision was about to be released. And so it has, and I'm back to blog about the new Decision, which involves two of the same parties and provides some additional insights. 

In the new Decision, NAD evaluated claims for the Dr. Squatch brand of personal care products for men. The challenger, as in the Jukebox soap case, was Unilever. At issue in this case were a number of claims by Dr. Squatch distinguishing its products from “traditional” personal care products. Pretty much all of these claims were some variation of this one: “We never use the harmful ingredients or harsh chemicals often used by traditional brands. In fact, we have a full roster of no-go ingredients that we call our Sh*t List.” Needless to say, the challenger took umbrage at Dr Squatch's advertising, arguing that “the words and images in these ads give rise to the denigrating and false

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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