Share on LinkedInShare on LinkedIn

ARTICLE · 18 SEPTEMBER 2020

Does "Fights" Mean "Prevents"?

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

Colgate-Palmolive markets its Speed Stick and Lady Speed Stick products as an antiperspirant that "fights white marks" and "fights yellow stains" on clothing.

United StatesMedia, Telecoms, IT, Entertainment

Colgate-Palmolive markets its Speed Stick and Lady Speed Stick products as an antiperspirant that "fights white marks" and "fights yellow stains" on clothing.  So, what does it mean that the product "fights" white marks and yellow stains?  Does it mean that, if you use Speed Stick, you won't get those marks on your clothing?  Or does it simply mean that the product has ingredients in it that reduces the amount of marks that you will get?  That was the issue in a recent lawsuit in federal court in Missouri. 

Colgate moved to dismiss the complaint, arguing, among other things, that a reasonable consumer would not be misled by its claims that Speed Stick "fights" marks and stains because it is "common sense" that a product that claims to fight stains does not means that it prevents them.  Colgate argued, "The only logical way to understand the Challenged Claim . . . is in relation to conventional antiperspirants that do not not make such claims."  

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