Gillette Charges sonicare Ad Claim is False.BOSTON--(BUSINESS WIRE)--Jan. 6, 1999--The Gillette Company and subsidiary Braun Inc., manufacturer of Braun Oral-B Plaque Removers(R), have charged in a lawsuit that the principal advertising claim used by competitor Optiva Corp. for its sonicare(R) electric toothbrush toothbrush, n a handheld device with an arrangement of bristles at one end, and a handle designed to reach effectively all exposed surfaces of the teeth and gingiva. is false and misleading to consumers. Optiva's claim that sonicare cleans teeth not only by brushing, but also by "sonic" waves that operate beyond the reach of the bristles, is baseless and violates state and federal law, Gillette and Braun charge in an added complaint to the lawsuit that began last spring. "Sonicare has no demonstrated 'sonic' or 'beyond the bristle' cleaning effect in actual use...," the new complaint alleges. Gillette and Braun ask the court to permanently bar all "sonic" claims and require Optiva to publish corrective advertising. In response, Optiva has filed a motion to prevent the new charge from being tried with Gillette's pending complaint against Optiva advertisements for the sonicare toothbrush. Optiva, based in Bellevue, WA, is currently under two federal court orders barring a total of 15 sonicare ad claims, as a result of Gillette's original complaint in June. Following Gillette's lawsuit against sonicare advertising claims, Optiva in July filed counterclaims alleging false advertising for the Braun Oral-B plaque remover. A Federal District Court judge last month denied Optiva's motion for a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. against the Braun Oral-B ad claims. As an example of Optiva's false use of "sonic" claims, Gillette and Braun cite Optiva advertisements that compare the "sonic' technology of the sonicare toothbrush to sonic technology used to locate the Titanic Titanic (tītăn`ĭk), British liner that sank on the night of Apr. 14–15, 1912, after crashing into an iceberg in the N Atlantic S of Newfoundland. More than 1,500 lives were lost. two miles below the ocean's surface and to locate dinosaur dinosaur (dī`nəsôr) [Gr., = terrible lizard], extinct land reptile of the Mesozoic era. The dinosaurs, which were egg-laying animals, ranged in length from 2 1-2 ft (91 cm) to about 127 ft (39 m). fossils. "Sonicare's 'sonic' technology is fundamentally different from the technology used to locate the Titanic or dinosaur fossils, and it is false and misleading to portray the former as comparable to the latter," Gillette's complaint states. Gillette and Braun also charge that sonicare's so-called "sonic" effect is no different from other power-assisted toothbrushes. "Any power toothbrush which produces large amplitude amplitude (ăm`plĭt  d'), in physics, maximum displacement from a zero value or rest position. bristle bristle1. the thick strong animal fibers collected at commercial abattoirs for use in brushes. 2. the sharp serrated awns of grass and some cereal seeds that confer a capacity to penetrate normal skin and mucosa and to cause ulcerative stomatitis, grass seed abscess and the like. oscillations oscillations See Cortical oscillations. in water will generate `beyond the bristle' streaming forces comparable to those of sonicare," the complaint alleges. No hearing date has been set for the Gillette counterclaim A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant. A counterclaim contains assertions that the defendant could have made by starting a lawsuit if the plaintiff had not already begun the action. . Braun and Oral-B Laboratories, both subsidiaries of The Gillette Company, have worked together for more than a decade to develop and market leading power-assisted oral care appliances. The combination of Braun's expertise in high quality electric appliances and Oral-B's dental care expertise has created the world's best-selling best·sell·er also best seller n. A product, such as a book, that is among those sold in the largest numbers. best plaque remover brand. Braun Oral-B is the power-assisted brand most recommended by dental professionals worldwide. Braun Inc., the U.S. affiliate of Braun GmbH of Germany, is headquartered in Woburn, MA. |
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