Playtex Loses Bid To Stop Rival Diaper Pail Ads

Law360, New York (April 11, 2011, 10:33 PM EDT) -- A California federal judge on Monday rejected Playtex Products LLC's bid to stop diaper pail competitor Munchkin Inc.'s advertising campaign, ruling the defendant failed to prove that the plaintiff's claim of superiority was false.

Playtex attempted to show Munchkin's superiority claim for its Arm & Hammer brand diaper pail was false by criticizing its testing method, which measured concentration of ammonia in the air. But Judge A. Howard Matz said the test's alleged shortcomings did not demonstrate that the claim was literally false, according to his...
To view the full article, register now.