Westport’s Playtex Products Inc. said Monday a federal appeals court affirmed a lower court ruling that said Procter & Gamble Co. engaged in false advertising regarding tampons.
In 2003, Playtex filed suit claiming that P&G made false claims in a series of television commercials and print ads for a then-new tampon product, Tampax Pearl.
The suit claimed that P&G falsely said that its Tampax Pearl product had a plastic applicator superior to that of Playtex’s product, Gentle Glide. In addition, the suit claimed that P&G falsely said its Pearl product contained a ” braid” that provided better absorbency than Gentle Glide.
A spokesperson from P&G was not available to react to the decision by the Second Circuit Court of Appeals.
In the initial federal trial, the court entered a permanent injunction against P&G’s making any comparative claims against Playtex Gentle Glide tampons, and awarded Playtex $3 million in damages.
P&G then appealed the verdict to the Second Circuit.
Because it affirmed the lower court’s ruling, the injunction stands, as does the damage award.
