Sarah Mirando  |  August 27, 2012

Category: Legal News

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Clorox Fresh Step litterA 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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4 thoughts onClorox Fresh Step Litter Class Action Moves Forward

  1. Cindy DellaValle says:

    Bought my Samsung Model WA422PRHDWR/AA and Dryer March 2013; new from big box retailer. The bottom feel out of the first washer (after they fixed and fixed, ruined my baseboards) finally deemed a Lemon and I received a new Washer. One year later the drum rocking so hard it broke the machine and I had to replace with new rods in the drum and recently 10-2016 a new mother-board had to be installed. Plus the bleech area is rusting out of the machine. I have NEVER had so much trouble with an appliance. I have called Samsung over the years so many times. They are unresponsive and do just enough to get by. NOW this machine is being recalled. REALLY! I’ve been shouting this since 3 months after I purchaed the machine. I will NEVER buy a foriegn made items again! USA all the way! Give me my Maytag!…… Sorry in Las Vegas.

  2. Barbara F. says:

    I purchased Fresh Step cat litter because of its advertising during this period and I too agree it is not any better than the baking soda litter. I would like to join this class-action lawsuit against Clorox.

  3. Anonymous says:

    i would also like to know where/how to enter to be a part of this i was a cat owner for 8 or so years up until recently and no matter how i shopped around for litter and how often i cleaned the box out it still always stunk unless i dumped the entire box every single day. i couldnt just clean the box out every day not even with the fresh step.

  4. Anonymous says:

    Where/ how do I enter ?

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