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ARTICLE · 23 JANUARY 2020

Very Little Tushies

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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In a recent Decision, NAD examined a claim by Kimberly-Clark that its Huggies Little Snugglers diapers have "better leakage protection* *Size 1 urine leakage."

United StatesMedia, Telecoms, IT, Entertainment

In a recent Decision, NAD examined a claim by Kimberly-Clark that its Huggies Little Snugglers diapers have "better leakage protection* *Size 1 urine leakage."  The claim was challenged by Procter & Gamble, which argued that the claim conveyed the overly broad message that Little Snugglers provide superior protection against leakage than Pampers Swaddlers across all sizes of diapers and regarding all types of leakage, regardless of Kimberly-Clark's "size 1 urine leakage" disclosure.  P&G argued that the disclosure was not clear and conspicuous and, therefore, did not effectively limit the claim.  NAD agreed.

To reach its Decision, NAD recognized that "the primary determining factor as to whether the challenged advertising conveys a line claim is whether or not the disclosure is sufficiently clear and conspicuous so as to effectively limit the message to the diapers that are the subject of the advertiser's home use test—Size 1 Huggies Little Snugglers and Size 1

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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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