Evidence

Finicky Felines Prefer Super Scoop Kitty Litter, Not Fresh Step, Federal Lawsuit Contends

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Citing a competing—and, it says, superior—study of feline toileting preferences, one leading manufacturer of kitty litter has made a federal case out of another’s advertising claim that finicky cats prefer the Fresh Step brand manufactured by Clorox Co.

In fact, contends Church & Dwight Co. in a lawsuit filed today in federal court in Manhattan, cats, if anything, prefer its own Super Scoop product, reports Reuters.

The suit cites a study of 158 cats commissioned by the plaintiff. Six rejected litter boxes featuring Super Scoop and went elsewhere to relieve themselves, while eight turned up their noses at Fresh Step, the complaint says.

It seeks damages and corrective advertising for what it describes as false and deceptive claims, as well as a court order putting a stop to the “Cats Jump Into Boxes” television commercial, reports the New York Daily News.

Among other reasons, the study Clorox relied on for its claims is flawed because groups of cats were given a chance to select litter boxes, the suit contends. “It is well known that inter-cat behavior can impact cats’ use of a particular litter box in ways that have nothing to do with cat preference for or rejection of a particular litter,”

Clorox declined to comment.

A Bloomberg article provides additional details.

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