Applied Marketing Science Product Usage Analysis Helps Defense in Playtex Products vs. Procter & Gamble

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Applied Marketing Science worked with MIT Professor John Hauser to analyze survey results in a product usage litigation involving tampons. Due in part to this analysis, New York District Court Judge William H. Pauley III ruled in favor of Applied Marketing Science's client in denying the plaintiffs' motion for a preliminary injunction in Playtex Products, Inc. v. The Procter & Gamble Company (No. 02 Cov. 8046 (WHP) SDNY., Feb. 11, 2008). The current dispute in a long legal battle between the two companies concerned advertising by P&G that compared Tampax Pearl to Playtex Gentle Glide tampons.

Given the flaws in the Playtex study, Playtex has not met its burden to prove P&G's claims of superior leakage protection are false

New York District Court Judge William H. Pauley III recently ruled in favor of Applied Marketing Science's client in denying the plaintiffs' motion for a preliminary injunction in Playtex Products, Inc. v. The Procter & Gamble Company (No. 02 Cov. 8046 (WHP) SDNY., Feb. 11, 2008). The current dispute in a long legal battle between the two companies concerned advertising by P&G that compared Tampax Pearl to Playtex Gentle Glide tampons.

Applied Marketing Science worked on behalf of Procter & Gamble under the direction of MIT Professor John Hauser. The AMS team analyzed the product usage research that was put forward by Playtex to attack the P&G advertising claims and uncovered a number of significant flaws:

  • The Playtex Study did not simulate normal consumer usage
  • Participants who did not follow the product usage instructions were still included in the results; and
  • The study design did not provide a means for corroborating the participants' reported product usage experience.

"Given the flaws in the Playtex study, Playtex has not met its burden to prove P&G's claims of superior leakage protection are false," wrote Judge Pauley in his decision.

About AMS :
In addition to product usage studies to support or dispute advertising claims, AMS provides survey research and rebuttals in many other areas of complex litigation, including trademark infringement, class certification, antitrust, and other matters. We advise attorneys and economists on the likely benefits of collecting market research data, assist with the deposition and trial questioning of opposing experts, and consult on a range of marketing issues related to the litigation. We regularly collaborate with an extensive network of other academic experts, who have specific expertise in areas such as market research methodology, consumer preference and behavior, advertising, product development, and economics. Over our 20-year history, AMS has consulted to over 80 top U.S. law firms.

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