Share on LinkedInShare on LinkedIn

ARTICLE · 16 OCTOBER 2020

A Lavender By Any Other Name...

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

Frankfurt Kurnit Klein & Selz PC

Founded more than 40 years ago as a boutique law firm servicing the entertainment and arts...

View firm profile
Explore more from Frankfurt Kurnit Klein & Selz PC

In a recent Decision, NAD addressed claims made by SC Johnson for its Glade fragrance warmers, which had been challenged by competitor Reckitt Benckiser, maker of Air Wick products.

United StatesMedia, Telecoms, IT, Entertainment

In a recent Decision, NAD addressed claims made by SC Johnson for its Glade fragrance warmers, which had been challenged by competitor Reckitt Benckiser, maker of Air Wick products. At issue were a number of SCJ's claims, such as "More authentic lavender than Air Wick" and "The most adjustable fragrance warmer," as well as statements like "Redesigned for a superior fragrance experience." 

First, NAD addressed two statements that SCJ defended as puffery and that RB challenged as unsubstantiated superiority claims: "Redesigned for a superior fragrance experience" and "Indulge in a fragrance experience like no other."  NAD determined that both constituted puffery, noting that a statement of superiority or uniqueness does not necessarily convey an "provable, quantifiable" or objective claim.  "Superior" can simply mean high quality and "unique" can be understood literally – rather than as a statement of superiority. As NAD noted, "the fragrance formulae used by members

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

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.

See more popular content from