A federal judge has dismissed parts of a class action lawsuit against The Clorox Co. claiming its Fresh Step cat litter advertising was false and misleading, but has allowed the case to move forward on one claim of misleading advertising.
The Clorox Fresh Step cat litter class action lawsuit was filed in January 2012 after the maker of Arm & Hammer Super Scoop successfully swayed a judge to block a set of Clorox commercials depicting cats choosing a box of Fresh Step over one with Super Scoop, and stating cats are “smart enough to choose the litter with less odor.” Fresh Step is made with carbon and Super Scoop is made with baking soda. Another set of allegedly misleading ads said Clorox’s cat litter “is more effective at absorbing odors than banking soda.”
The makers Super Scoop commissioned a laboratory to study its litter’s odors compared to Clorox’s, which convinced a judge to block the ads saying Fresh Step is more effective at blocking odors. Following the judge’s decision, consumers decided to sue Clorox as well, accusing the company of false advertising. The class action lawsuit said scientific studies showed Fresh Step wasn’t preferred by cats over other litters or more effective at cutting down odors.
In a decision Friday, U.S. District Judge Samuel Conti dismissed the Plaintiffs’ claims that were based on Clorox’s statements that cats “like” or “are smart enough to choose Fresh Step,” but said the class action lawsuit could proceed based on claims that “Fresh Step is better at eliminating odor than other baking soda-based cat litters.”
The Fresh Step class action lawsuit is brought on behalf of all persons or entities that purchased Fresh Step cat litter in the United States between January 2008 and the present. It is seeking compensatory damages and full restitution to the Class.
A copy of the originally filed Clorox Fresh Step Class Action Lawsuit can be read here.
The case is Kristin Luszcz v. The Clorox Company, Inc., Case No. 12-cv-0356, U.S. District Court, Northern District of California. The Plaintiffs are represented by the law firms Berman DeValerio and Labaton Sucharow, LLP.
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©2008 – 2014 Top Class Actions® LLC
Various Trademarks held by their respective owners
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