Cat litter, by any other name, apparently would still stink, according to a federal judge in New York.
U.S. District Judge Jed S. Rakoff ?has?granted a preliminary injunction to Church & Dwight Co., the maker of Arm & Hammer products, in a dispute with The Clorox Co. over a commercial for its Fresh Step cat litter.
The judge, after conducting an evidentiary hearing in June, said he believes that Church & Dwight would prevail on its claims that a Clorox commercial, which began airing in February 2011, made several false statements and its continued airing would cause “irreparable harm” to Church & Dwight, according to an order made public Wednesday.
In particular, the judge criticized the reliability of an in-house test conducted by Clorox, known as a “jar test,” to support its claims that carbon better eliminated “cat malodor” than baking soda.
?The court agrees with C & D’s expert that it is highly implausible that eleven panelists would stick their noses in jars of excrement and report forty-four independent times that they smelled nothing unpleasant,? the judge said.
Dan Staublin, a Clorox spokesman, said the company was disappointed with the ruling and stands behind the truthfulness of its advertising.?”We intend to vigorously defend this matter,” he said.
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