Hunting apparel manufacturer wins false advertising lawsuit

October 11, 2012 1:49 pm Published by Leave your thoughts

Scent Lok, a clothing manufacturing company based in the United States, has asserted that its clothes are capable of eliminating human body odor. However, plaintiffs have accused the business of making false statements regarding its odor-eliminating carbon hunting attire.

Regardless, Pressconnects reported that the ensuing lawsuits are now over, with a win for the clothes manufacturer. Nine federal lawsuits against the company have been dismissed after the legal battle lasted five years. Scent Lok's president Greg Sesselmann has confirmed the abilities of his products.

"Expert testing found that, using highly elevated test odor concentrations that were 'likely a ten-thousand fold greater than a human body could produce in the course of 24 hours,' carbon hunting clothing fabrics blocked 96-99 percent of the odor compounds, and essentially 100 percent of the surrogate body odor compounds tested," Sesselmann said.

The plaintiffs found themselves out of the running for making any compensation in damages, though. On August 17 the district court dismissed the 2007 case  in which a number of bowhunters alleged that Scent Lok's odour-eliminating statements are false.

While some found themselves agreeing with the company, others sided with the plaintiffs. In 2010, one judge – U.S District Court Judge Richard Kyle – did find the company at fault of deceptive advertising by claiming that hunters could accomplish their hobbies "scent-free."

Companies across the United States need to be aware that lawsuits can take many different forms and consumers may dispute the allegations of any advertising campaign. Remaining as close as possible to the true benefits of a product is advised, because deviations can result in legal and reputational risks.

The Federal Trade Commission regulates advertising guidance that is meant to guard consumers from the risks of false advertising. The support of a business lawyer in Phoenix could be key for corporations that wish to better understand these regulations or take steps to counter claims of false advertising.

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