11 October 2006 - In America, the multi-national Johnson &
Johnson corporation have sued L’Oréal, accusing the French cosmetics company
of making misleading claims about the superiority of its sunscreen products.
J&J also allege that L'Oréal has used false statistics about sun protection
in an attempt to substantiate these claims. [Source: Reuters]
According to the papers filed in the US District Court of New
York, J&J is seeking preliminary and permanent injunctions ordering L'Oréal
to stop using promotional material containing what J&J maintains are false
claims, and to issue corrective advertisements to all who received the
misleading materials.
J&J is also asking the court to award it triple damages
of L'Oréal profit 'derived from their unlawful conduct' as well as
damages to account for all J&J expenditures required to correct 'the
false, misleading, unfair and disparaging' descriptions of its products.
The diversified health care products company, based in New
Brunswick, New Jersey, is also asking that L'Oréal be forced to pay punitive
damages and J&J's legal costs.
The suit claims that by making false statements to health
care professionals about J&J products, 'L'Oréal threatens to damage
severely the reputation and marketability of those products because doctors may
no longer believe the plaintiffs' sunscreens properly protect against harmful UVA
rays, when in fact they do.'
The J&J sunscreen products in question generate more
than $100 million in annual US sales.
'Unless L'Oréal is ordered to cease making its false
and misleading claims and issue corrective advertising, plaintiffs stand to
suffer a loss of its hard-earned sales, goodwill, and consumer and physician
confidence that they may never be able to recoup,' the suit charges.
A L'Oréal spokeswoman, Jennie James, said the suit had
just been filed and the company had no comment to make.
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