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ARTICLE · 16 MARCH 2020

When Is A Fish Not Just A Fish?

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 it could be an implied claim that a product's packaging doesn't harm our oceans.

United StatesMedia, Telecoms, IT, Entertainment
Terri Seligman
Terri Seligman
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When it could be an implied claim that a product's packaging doesn't harm our oceans. That, at least, was NAD's determination when analyzing the impact of a fish illustration on a bottle of dish soap.

In a new Decision, NAD examined claims made by S.C. Johnson for its Ecover product. Procter & Gamble, maker of Dawn® dish soap, challenged SCJ's on-label claim of biodegradability. (It also challenged SCJ's "non-toxic" and "100% natural fragrance" claims but SCJ voluntarily agreed to discontinue those claims, so NAD did not review them on their merits.)

At issue with respect to the use of "biodegradable" on the Ecover label was whether the claim communicated that it applied both to the soap and the package itself, a non-biodegradable bottle. That's where the fish illustration comes into play. NAD determined that "[w]hile the fish illustration might refer to the dangers that non-biodegradable soaps pose to aquatic life, it could also refer to the harms caused when

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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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