ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Friday, July 12, 1996                  TAG: 9607120054
SECTION: BUSINESS.                PAGE: A-7  EDITION: METRO 


FAST RULING ON DOUCHE CHALLENGED

A Roanoke jury was too quick to decide its case, argued SmithKline Beecham PLC of England, which this week asked a judge to throw out the advisory ruling that the company used false advertising to sell its brand of disposable feminine douche.

The jury ruled against SmithKline on June 12, setting the stage for penalties against the manufacturer. The false-advertising charges, based on 1995 television ads and newspaper coupons, were filed by competitor C.B. Fleet Co. of Lynchburg, producer of the Summer's Eve brand douche. Fleet's brand and SmithKline's Massengill are the nation's two leading douche products.

In its filing this week in U.S. District Court, SmithKline noted that deliberations lasted 10 to 15 minutes and argued that jurors may have ignored extensive medical evidence. It hopes to persuade U.S. District Judge James Turk that Fleet failed during the trial to prove the ads were false.

Turk will consider the request before he rules on any sanctions against SmithKline.

- Staff report


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