Kimberly-Clark, Cardinal Renew Surgery Scrubs False Ad Fight

Law360, New York (September 10, 2012, 2:29 PM EDT) -- Following the collapse of once-promising settlement talks, a Georgia federal judge on Friday reopened a false advertising suit in which Kimberly-Clark Corp. and a Cardinal Health Inc. unit accuse one another of deceptively marketing surgical gowns.

The road to resolving the matter could be long, U.S. District Judge Charles A. Pannell Jr. said, because the central issue — what constitutes an “impervious” or “fully impervious” gown — has no clear answer. As a result, the judge said, it will be hard to determine who's right: Kimberly-Clark,...
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