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Massengill ruling erroneously set "higher" burden of proof for C.B. Fleet -- appeal.

This article was originally published in The Tan Sheet

Executive Summary

MASSENGILL RULING ERRONEOUSLY SET "HIGHER" BURDEN OF PROOF FOR FLEET in its Lanham Act challenge of SmithKline Beecham's advertising for the douche product, C.B. Fleet maintains in a Jan. 31 brief filed in Richmond, Va. federal appeals court. The brief seeks a reevaluation of the Oct. 4 district court ruling that found SmithKline's ad claims for Massengill Extra Cleansing Vinegar and Water disposable douche to be "legitimate and well supported" ("The Tan Sheet" Oct. 21, 1996, p. 5).
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