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Subscribe to RSSA New York judge has found it implausible that a panel of 11 testers would stick their noses into jars containing cat poop — repeatedly — and say that they couldn't smell anything in the jars of excrement treated with carbon.
Really?
The judge, U.S. District Court Judge Jed Rakoff (better known for being tough on Wall Street shenanigans), ruled Wednesday that Clorox Co. could not air ads about its Fresh Step kitty litter after rival company, Church & Dwight, claimed the ads were false. Rakoff ruled that the ads likely have caused Church & Dwight's business irreperable harm.
Rakoff issued a preliminary injunction to halt the ad, which began airing last February, while litigation continues.
In its commercial, Clorox featured what Church & Dwight described as "playful home videos" of cats engaging in "clever behavior," with a voiceover describing how cats are "smart enough" to choose litter with less odor.
It then showed green gas floating through two beakers. One held Fresh Step and a black substance labeled "carbon," and the other a white substance labeled "baking soda." The voiceover said: "We make Fresh Step scoopable litter with carbon, which is more effective at absorbing odors than baking soda."
Church & Dwight said the ad sent a false message that cat litter with baking soda fights odor less well than Fresh Step.
While not named in the ad, Arm & Hammer is the only major cat litter brand that uses baking soda.
Rakoff said Clorox's test assessing how litter fought odors was unreliable, noting that while Clorox sealed jars of cat waste for 22 to 26 hours prior to testing, "cats do not seal their waste."
The judge also agreed with a Church & Dwight expert that it was "highly implausible" that 11 testers could have repeatedly stuck their noses in jars of cat waste, and uniformly reported no odors from waste treated with carbon.
"Clorox's own evidence acknowledges that humans, even trained panelists, report smells even when none are present," he wrote in his ruling on Wednesday.
"We're disappointed by the court's ruling and stand by the truthfulness of our advertising," said Kathryn Caulfield, a spokeswoman for Oakland, California-based Clorox. "We intend to vigorously defend this matter."
Church & Dwight is based in Princeton, New Jersey, and had no immediate comment.
The case is Church & Dwight Co v. Clorox Co, U.S. District Court, Southern District of New York, No. 11-01865.
Reuters contributed to this report.
Leave a Comment:
I know how to solve this problem. Have people stick their noses repeatedly in jars of Cat Poop and prove it right or wrong. Then stop wasting our court systems time on a @!$%#ty story.
I couldn't agree more. Line up the jurors, let them smell, and let them decide. Case closed!
They already did that. Read the article.
Man, that judge really knows his shiyt!
On a similar note, could this judge be available to rule on all of the political ads?
LOL!! Jenkem Jury!
http://www.houseofodd.com/2007/11/06/crazy-florida-kids-get-high-from-sniffing-poop/
Looks like they would have gotten better results using this this Scoop http://qrky.co/qoUAcd
This reminds me of the "Ren and Stimpy" episode where the horse is the one who provides the "samples" for testing. Sticking your nose in cat feces? You eeeeeediots!
"No sir, I didn't like it..."
Its a COMMERCIAL!
Is this any worse than the commercial of the lady bringing Brita filtered water, from the water fountain at the mall, to a Eskimo drinking out of a stream? And the Eskimo smiles like it is so much better than the pristine water he just had?
Please
Ha! Good point. I guess I should sue Dorito's for my doggy smashing through the front storm door too? Yes, Doritos are just that damn good! I will miss my dog however.
So you're saying deceptive advertising is OK? Being a commercial doesn't mean it has the right to lie.
Americans are despicable. We are all liars. If we get any more satanistic, we'll start seeing commercials where people actually claim that Coke tastes better than Pepsi. ALl judges need to immediately stop all comparisons about everything on the basis that nobody can prove anything about anything. Hmm, that should also stop our religious and politicial differences too. Maybe a panel of judges should lead our government into their farsighted and utopian pristine paradise where everything and everyone is wonderful because nobody is allowed to judge anything. If anybody does have an opinion that does anyone harm by actually using judgments and opinions, then a judge will boot them off the planet.
And people really think our judical branch isn't a huge part of our problems in civilization?
Well, duh....Coke does taste better than Pepsi :-)
I think that the prez needs to appoint a new Czar of Litter. Quickly, before Congress returns.
Anyone who has ever used Fresh Step Kitty Litter for 24 hours can attest that a person doesn't need to stick their nose in a jar of cat poop to figure out that Fresh Step kitty litter does NOT effectively control odors.
We have three cats that use two boxes and I've used Fresh Step for years without any odor problems. Perhaps your cat(s) don't properly bury their business?
I've used Ever Clean cat litter for decades. It's the most expensive, AND it works!
You get what you pay for!
Hey, maybe the judge should put the cats in prison that have exceptionally strong odor. They're clearly making a mockery of science.
My Tidy Cat (red label) works perfectly fine. I've tried the other kinds, but they don't perform as well.
I'm all about the "World's best cat liter". I've never used ever clean but WBCL clumps well, is flush-able, and doesn't have weird fake odes since it's basically just corn.
We use Tidy Cat for our two cats.
Scoop at least 2 times a day. I like this one Scute Litter Scoop http://qrky.co/qoUAcd
No way to stop odor 100% ! Odor is released moment the Poop passes from cat to the box.
Yeah bobyoung, that's why I like flush-able litter. We put his box in the bathroom and between the two of us, we scoop it several times a day, whenever we think of it or notice anything. If it smells at all we definitely scoop it immediately. Not hard at all and with WBCL at least (though maybe other flush-able kinds work as well) it clumps well so it's easy to scoop.
The only people who think cat litter works are cat owners.
It may be the most expensive at your local supermarket (which, by the way, only stocks the cheapest, mass-market, stuff), but it most certainly is neither the most expensive, nor works the best.
You get what you pay for is right, but buying the most expensive cheap item is akin to claiming to have bought the most expensive item at the dollar store.
Don't be mean boom - not everyone can have a upscale cat litter boutique in their neighborhood
I'm not being mean or angry, just correcting someone. You can find more "expensive" cat litters at Target.
http://www.youtube.com/watch?v=2B1QxOmbMZ
Alf tries to eat the cat
http://www.youtube.com/watch?v=53bspXgFPUU&feature=relmfu
This is a real story? Its more like cats#!t oh I mean bulls#!t. You guys can find better story's out there than this.
Common Smitty, most of these storys are full of ....s#!t.
Are you sure you didn't mean cat$#it,Smitty?
I can't believe a judge would even take this case much less rule on it the way he did. Folks, commercials are designed to cause irreparable damage to your competition. That's the whole point, attract the competition's customers. But I think the main point the judge was saying is that it was false advertising. I don't agree. Cats will use teh litter box with less smell. I have 4 of them and know this for a fact. Carbon is better than baking soda for removing odors. A simple search on google will show you plenty of other products that use carbon based filters for odor control. I think the last point is probably the one that got them in trouble. But first a quick observation, cat feces don't have much odor to begin with unless your cat ate something that didn't agree with it. However, cat urine is extremely smelly and NOTHING will get rid of that odor. So I can completely see how the claim could be valid. Also, the 11 panelists could have all had anosmia, making the ad 100% truthful.
Lot of money involved between these two companies. One thinks the other is hinting their product doesn't work.
Everything is about money and Big Business is king. I think you'll find the much ballyhooed tort reform does not apply to this sort of litigation, only when an ordinary person loses a body part does Big Business call lawsuits frivolous and unnecessary.
Tried to use the product for the cats once they used the bathroom rug instead went back to the other product we used! It all depends on what the cats will use.
The obvious answer to the smell is to eat the poop so it doesn't lay around and o-ffend.
(what...? Don't you love yer kitties????)
Does this surprise anyone? All ads are exaggerated and meant to get your attention, and eventually your business. I thought people were smart enough to take all these product ads with a grain of salt.
Does snorting salt help keep the odor down? Bet it burns like heck!
So, when it comes to cat poop, honesty is enforced by the courts. But, when it comes to running the country, ...
Eh, never mind.
Maybe the 11 testers all have a bad cold.
Hey if a panel of 11 GOP'rs decide unanimously that Michelle Bachman is the best candidate for president, can we get a judge to make that type of advertising illegal also? After all, doesn't everybody agree that politicians have to pass the 'sniff test'?
and what about hiring the bloodhound to find the litter box? crosslegged, cross-eyed cat can't find the litter? all these commercials are leaving something objectionable in front of the TV.
Cat poo does smell if you don't scoop the box or change it frequently. I buy the least expensive cat litter I can and change it when it starts to smell of cat urine, which is about once a week.
His Serene Majesty King Fizzle the First, who has survived for 18-1/2 years on the store brand, doesn't seem to mind. I'd be afraid to change it now because he might not use the new stuff. And just try to give him a different flavor of food and see what happens. It's Fancy Feast grilled chicken feast or NOTHING! What a hoot - he's just like a grumpy old man ;-)!
Wonder if this is the same cat litter our members of Congress use.....
I thought they had aids that walked around with pots in hand?
who cares...there are bigger problems in the world than smelling your cats butt....
Yes I agree with the last 2 comments. I will join the two for fun
Congress does smell like a cats behind.....LOL
Cats are smarter than congress, cats bury the stuff.
Congress leaves it next to them and steps in it....LOL
12 jars of poop and nobody smells anything. Yaah right...
This whole thing is ridiculous - we all know how much the commercials lie and/or twists their "tests"..... about any and all products. Just in case anyone's actually interested, I discovered Arm & Hammer makes a litter from ground corn, just like the one I couldn't find from Walmart any more. It truly does cover up any odors at all and I have three cats.
ximmeron-the one that gets me is the newer Febreeze commercial when they take people into some filthy kitchen after it's been sprayed with the product. I'd think if it were as dirty as it looks, one would be able to smell right through the air freshener. Either that, or my nose is awfully sensitive.
DarkStar, You are absolutely right. Kitty poop doesn''t have much smell at all...I guess I could say, 'if any'...it is the urine that smells up the litter box. Clearly these people arguing and suing over the smell of cat poop either don't know about cats and their poop...or don't own any cats.
Experiment, people. Buy what you like until you find something that works for you. Mostly cats don't reject any litter...they just want a nice box and a minute of privacy.
What a waste of time and money in the court room.
Bull! My kids have a cat and when they leave and I go over and feed and scoop I have to wear a mask. Cat sh*t stinks to high he*l and then some!
Who did they get to stick their noses into cat sh*t? I don't believe it. Were they mental or something? No one in their right mind would agree to such a bizarre test unless they didn't know what they were smelling.
I agree let the jury decide. Let them stand in front of the CEO's and smell. I'll bet that they would be puking all over them.
Well a lot of people are desperate for work these days.For all you know you might be able to make good money by inhaling cat s#!t.
Are they saying , humans should start using that cat litter..??
Well it would save on water. Hey, maybe we should clean ourselves rather than shower? Works for other animals. I see a new environmental 'green' bill coming.
I'm surprised that the defense "it's just advertising fluff" (i.e. Countrywide) was not used.
Obviously this judge knows nothing about the truly amazing adsorbtive qualities of activated carbon. Carbon is being used all around the world to clean up water and air polluted with all manner of contaminates. If it can clean up industrial waste, I'm sure it can take the smell out of a few cat turds. Just another case of a judge making decisions on something he is unqualified to do.
Did the judge do the right thing and stick his nose in the jar?
The problem was not them saying it made the smell not noticable, it was that they compared it directly to "BAKING SODA" which is only used in the Arm&Hammer product, saying theirs worked and the other didn't. The commercial made a claim they "tested" this and proved it, which the judge felt was false.
As for if it works best or not, that, friends, depends on your kitty!! Just like people, their business can be quite different from cat to cat. I use Swheatscoop for my boy. Wheat product, biodegradable, flushable, no clay to stick in his nose.
Everyone..give love to the kitties!!
flyingpanda: I agree with you. And I also use S'Wheat Scoop for our three cats. Two boxes scooped every other day works best for us. I love the way it clumps, but doesn't stick to the scooper like clay does, and the fact that it's flushable. I work for a pet sitting business and have used everyone else's litter for their cats, but haven't found any that I like better.
When it starts to smell we toss it off the balcony. A little traffic goes a long way to making it go away. In NY so few notice a little poop in the street anyway.
It's like the EAST COAST vs. WEST COAST Kitty litte wars. I hope that Biggy Kitty doesn't knock off one of those WEST Coast Granolla eating cats. EEEWWWW, scarry to think about.
Humans should just keep a box of Tidy-Human and crap in that and just bury it and throw it out in the trash and let somebody else worry about it. It will conserve water.