Judge bars firm from claiming it has better tampon

By Larry Neumeister

May 30, 2003 | A judge has barred the Procter & Gamble Co. from claiming that its new tampon product is superior to a rival Playtex Products Inc. tampon, forcing the giant consumer products company to recall its advertising and display campaign.

U.S. District Judge William H. Pauley's order, issued late Thursday and filed in court Friday, followed a jury verdict last week that awarded $2.96 million in damages to Westport, Conn.-based Playtex.

Playtex had accused the Cincinnati-based P&G of falsely claiming that its product, Tampax Pearl, provided superior comfort, protection and absorbency over the Playtex Gentle Glide tampon.

In his order, Pauley blocked P&G from using words such as "superior," "better" or "more" in comparisons of its product to the Playtex tampon.

He ordered P&G to stop making false claims in its television and print advertising, its packaging, direct mail materials and coupons.

The judge also ordered P&G to notify its distributors, wholesalers and retailers that they must stop displaying anything that makes the false claims.

Jay Gooch, a P&G spokesman, said the company had already begun complying with the judge's order.

"We respectfully accept the court's ruling requiring that we stop making our Tampax Pearl advertising claims of superior wearing comfort and superior protection versus Playtex Gentle Glide," he said.

He said the company would continue to appeal the jury verdict but wanted to correct a statement in which it claimed a week earlier that the "most meaningful verdict" was handed down each day by thousands of women at the store shelf who chose the new P&G product.

"We completely respect the integrity of the court and the jury's verdict," Gooch said.

In a statement Friday, Playtex chief executive Michael Gallagher said P&G's "extensive use of false and misleading advertising for the last nine months has misled consumers and the retail trade.

"We expect the jury verdict and this injunction will put an end to this practice of deception by Procter & Gamble," he said.

Playtex controls about 30 percent of the tampon market, while P&G has about 40 percent.

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