Document a1Y6VqL62VbGbXVKZLNLdMzJB

i i ' rethe tale eo Tt HI xthe ste, isly In !1 eet to ing be akseTor onon, e'i >d> ng eir ich ter sethad he ia. by U. S. District Judge Gerard L. Goettel, denied both companies' motion* for pre liminary injunctions. "If any injunctive relief were called for," Judge Goettel stated in his written opinion, "it would be an order requiring both parties to remove from their ad vertisement* any implication that their products are the moet effective avail able, for they are: really nothing more than the most acceptable adaptations for female users." The decision allows both companies to keep on making their own ad claims. No change. So PAG can still say that Wondra, which has a 5% share of the skin-lotion market, is superior to all oth er lotions; Chesebrough can continue to assert that no other leading lotion beats Vaseline Intensive Care Lotion, which has the largest market share, 16%. In essence, says a 'Chesebrough spokes man, the judge decided not to rule. "We're disappointed, needless to say,"' he says. "We still feel the merits of the case are on our side. The decision doesn't rule on the truth of either com pany's claims." PAG isn't completely satisfied, either. Says a company spokesman, "We have a twofold reac tion. First, we're pleased the decision allows us to continue to run Wondra's superiority claim. On the other hand, we would have preferred a more clearcut decision." Methodology. In his written opinion, Judge Goettel said the case was simply n argument over testing methods, with neither company capable of proving fraud, deception or bad faith on the oth er's part In August 1983, PAG ran ads saying that tests showed New Wondra worked better than any other leading lotion on rough, dry hands. Chese brough attacked these tests on the ba sis of, among other things, their statisti cal analyses. It also argued against PAG's so-called ad libitum tests, which permit people to use the product as of ten and as much aa they want These kinds of tests, Chesebrough says, don't establish a cause-effect relationship. In stead, Chesebrough says it used a con trolled test to try to regulate as many variables as possible. PAG says it used ad libitum tests because they are the most meaningful, allowing people to use the product as they would at home. And PAG attacked Cheaebrough's December 1983 testing, saying the subjects weren't representa tive users of sltin lotions and that the treatment period was too short Although he has advanced training in statistical cases, Judge Goettel found much of the seven-day testimony of the expert witnesses--statisticians, derma tologists, chemists and physicists--al most incomprehensible. "Indeed, it is doubtful that there are many, if any, trial judges who could fully comprehend the testimony," he remarks. "Courts generally lack the expertise of the Fed eral Trade Commission when it comes to evaluating advertising practices." The judge questions whether it's the obligation of a court to deckle winners and losers in cases like this. To do so, he reasons, the court would have to be come a policy maker for consumer-prod uct testing. And he concludes, "One does not have to oppose judicial activ ism to recognize that the role that these parties ask the judiciary to play exceeds that which the judiciary has the power to accept under our form of govern ment We are dealing with rough tests that have no certifiable standards and that rest upon nothing more than sub jective evaluations of skin conditions.'!!] OCAW talcs remain In Imbo care costs that are now fully covered and delivering the null's full require and accept limitations set on job as ments of sodium chlorate. The 14,000- BASF Wyandotte locked almost 400 signment transfers. An OCAW spokes tons/year plant is the first project for union workers out of its Geismar, La.,.. man says BASF's proposals are evi- HO Process, the partnership formed by plant after labor contract renewal \| of an "antiuxuon attitude" it has Olin and Huron Chemicals. The new talks between the company and mem- ` tyed at other plants. alliance will make use of Huron's sodi bers of the Oil, Chemical and Atomic . um chlorate manufacturing process Workers (OCAW) Local Union 4-620 co\-j lapsed June 16. The action has trig No and Otin's chlorine dioxide processing techniques. gered accusations of "union busting The findings of a North Carolina tactics" from OCAW representatives, Health Dept, study released last week Great Lakes Chemi who say federal labor rules prohibit indicate that residents in Cherokee and cal will purchase the Newport, Tenn., employers from denying workers ac Macon counties, N. C., are not experi chemical production facility of Syntex cess to their jobs during labor negotia encing a cancer epidemic triggered by Chemicals (Palo Alto, Calif.). The com tion* except for economic reasons. piclonzn, an ingredient in Dow Chemi pany plans to produce specialty com Union members say they may file a cal's Tordon herbicide. Allegations pounds at the site, including orominat- complaint with the National Labor Re arose in 1962 that the product was re ed flame retardants and agricultural lations Board. sponsible for an increase in diagnosed and pharmaceutical intermediates. A spokesman for BASF says that no cancer cases m the areas, despite a Sales generated from the Newport new collective bargaining sessions are lack of supportive scientific data. plant could be in the range of $30-50 planned and that the plant will be oper The new study indicates that there is million, says Great Lakes. ated by salaried employees, with no no evidence of a cancer epidemic and disruption of production schedules. The that the increase in drsgnneoa appears Mora poiyoMki flbna. Ohio Poly, a company says that negotiators were to be the result of an influx of retirees Goodyear subsidiary, says it will raise unable to agree on a number of issues. and better detection of mahgnanciesij production capacity for polyolefin films BASF had proposed a 1.6% pay cut for through improved medical procedures./! by 25% when it completes a multi-mil- the first year of a new three year con lion-doDar expansion in mid-1985. Much tract, restoration to present levels the The on-site sodium chlorate of the increase will be for making second year and a 1.7% increase during plant at Olin's HO Process joint ven coextruded films. Ohio Poly produces the third year, [n addition, workers ture st Alabama River Pulp's Clair- Sms for the chemical, automotive and would have to pay about 18% of health borne, Ala., pulp mill is now onstream medical markets, among others. URL 04972 1