Posts Tagged ‘Kmart’

Kmart settles FTC biodegradable paper suit

June 14, 2009

“The FTC has charged Kmart Corp., Tender Corp., and Dyna-E International with making false and unsubstantiated claims that their paper products were “biodegradable.” Kmart and Tender have agreed to settle the cases against them; the case against Dyna-E will be litigated.”

Article:

Kmart sued for overselling its Airborne-like product

November 28, 2008

The class action complaint filed in Illinois state court states that Kmart promotes this product, “Germ Defense” to be compared to Airborne.  The specific claims are that it protects users from airborne germs, that it boosts the immune system, has an “effervesent” health formula and decreases the likelihood of getting sick.  The complaint simply states that none of these claims are true.

A couple of thoughts: first, does Airborne really do any of these things?  Is the issue that this product isn’t comparable to Airborne or that it makes unsupportable claims?  The other thing is a question about branding; do consumer trust the Kmart brand?  Is this lawsuit damaging to the brand?

Complaint courtesy Courthousenews