The Second Circuit Court of Appeals has affirmed the Federal District Court’s decision in favor of Playtex in their suit against Procter & Gamble for false advertising.
Playtex brought the case to Federal District court in 2003 challenging P&G’s advertising claims for Pearl tampons. After a jury 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 appealed the verdict to the Second Circuit. In affirming the lower court’s decision, the three-judge panel let stand the permanent injunction and the damage award in favor of Playtex.