ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, October 11, 1996 TAG: 9610110041
SECTION: BUSINESS PAGE: B-8 EDITION: METRO
SOURCE: JEFF STURGEON STAFF WRITER
Reversing an earlier jury ruling, a federal judge in Roanoke has thrown out charges of false advertising against an international maker of feminine douches.
SmithKline Beecham PLC of England is free to resume an advertising campaign that says that its Massengill brand douche works better that the Summer's Eve brand, made by C.B. Fleet Co. of Lynchburg, ruled U.S. District Court Judge James Turk.
His decision, filed Wednesday, is the latest action in a 13-month-old dispute in which C.B. Fleet attacked the superiority claim in a lawsuit filed in the Roanoke-based Western District of federal court.
At a trial this summer, Fleet presented scientific testimony designed to show that there was no proof its competitor's product was better. SmithKline offered evidence to back up its claim.
Turk said he found SmithKline's case more convincing, and overruled a June 12 jury verdict. The jury found that SmithKline had engaged in false advertising when it circulated a coupon nationally in February 1995. The jury ruled in Fleet's favor, calling the advertisement a deliberate lie. But the verdict was advisory.
Turk called the jury's decision "clearly erroneous." He said SmithKline used better tests of douche effectiveness than Fleet and that those tests proved it made a superior product.
In arguing against the jury finding, SmithKline noted that jurors reached their decision in less than 15 minutes and suggested that they ignored evidence. Turk ordered the case closed.
SmithKline and Fleet are the No.1 and 2 makers, respectively, in the $100 million U.S. market for disposable douches. SmithKline has said it holds a 50 percent share of the market, more than any competitor and nearly double Fleet's 27 percent share.
LENGTH: Short : 41 linesby CNB