Kramer Levin Successfully Defends The Procter & Gamble Company in Challenge Before the National Advertising Division

Kramer Levin successfully defended its client, The Procter & Gamble Company (P&G), in a challenge at the National Advertising Division (NAD) brought by Kimberly-Clark Global Sales LLC (K-C), the maker of competing Huggies® brand diapers, concerning P&G’s advertising for Luvs® with NightLock™ disposable diapers.  NAD determined that P&G’s “methodologically sound” performance testing “provided a reasonable basis for its claim that Luvs ‘locks away wetness better than Huggies, even overnight.”  NAD also found that K-C does not possess any “stronger, more persuasive evidence reaching a different result” because K-C could not show that its “testing...achieves a more consumer relevant set of test conditions with respect to rewet performance than P&G’s testing.”  In addition, NAD concluded that “P&G provided a reasonable basis for the message conveyed by the product name Luvs with NightLock in the context of the challenged advertising” and that “the results of P&G’s rewet testing confirm that Luvs with NightLock have a long-term overnight dryness or absorbency advantage” over Huggies Snug & Dry diapers.  The Kramer Levin team included litigation partner Norman C. Simon and associate Seth F. Schinfeld.