P&G files infringement suit against Apollo for Herbal Essences brand
CINCINNATI Procter & Gamble has filed an infringement lawsuit against Apollo Health and Beauty Care for the alleged infringement of its Herbal Essences hair care brand, including trademark, trade dress and design.
“We believe this is a serious case of infringement designed to capitalize on the successfulness of the Herbal Essences’ business and its consumer loyalty,” stated Steven Jemison, P&G chief legal officer. “This is a clear case of intellectual property infringement, and we are asking the court to stop the distribution of these products to protect the equity of Herbal Essences.”
According to the suit, filed Thursday in the Federal Court of Canada, P&G is claiming that private label manufacturer Apollo Health and Beauty Care is distributing look-alike Herbal Essences shampoo and conditioner products that infringe the Herbal Essences intellectual property rights. P&G is asking that Apollo Health and Beauty Care be ordered to stop distributing the infringing products, recall the existing inventory from store shelves and destroy the product molds.
According to a spokesperson for Apollo Health and Beauty Care, which operates out of Concord, Ontario, Canada, it is company policy not to comment on litigation matters.
Gillette receives 2008 Nascar Marketing Achievement Award
BOSTON The 2008 season proved to be a success for Gillette as the male grooming brand and Nascar sponsor took home the 2008 Nascar Marketing Achievement Award.
The award was presented during Nascar Sprint Cup Series Champions Week in New York between Dec. 2 and 5.
The Gillette Young Guns program is in its fifth year and continues to drive sales for Gillette razors and shave care products.
In February, days before the Daytona 500 race, rising stars Denny Hamlin and Clint Bowyer joined an exclusive team when there were unveiled as the newest members of the Gillette Young Guns during a ceremonial shave for fans at Daytona International Speedway. The six Gillette Young Guns and World Wrestling Entertainment star John Cena also were featured in a national ad campaign to support the launch of the Gillette Fusion Power Phenom that debuted during the Daytona 500 race broadcast.
In addition, on Dec. 7, ten sweepstakes finalists from all over the country were invited to experience the Gillette “TimeSaver Challenge” in Charlotte, N.C. Each winner was coached by one of the six Gillette Young Guns and the finalists were behind the wheel of actual stockcars competing in a five-lap race for the grand prize trophy at Lowe’s Motor Speedway.
Beauty companies working to remove possibly harmful chemicals from products
SAN FRANCISCO, Calif. Recent tests have revealed that beauty companies are making progress in removing phthalates from products, according to the Campaign for Safe Cosmetics, a national coalition of environmental and women’s groups.
The chemicals, known as phthalates, are used in many everyday beauty and personal care products and have sparked some concern among several advocacy groups, health experts and policymakers who have called for the removal of such chemicals. Some research has shown that phthalates may be linked to asthma, birth defects, early puberty and decreased sperm counts.
According to the coalition, a new round of tests, conducted in fall 2008, reveal that at least some segment of the beauty industry has made progress in removing phthalates.
The tests follow up on a 2002 report, titled “Not Too Pretty,” which revealed that 72 percent of popular cosmetic products tested‹including shampoos, deodorants, fragrances and other products‹contained phthalates.
In the original tests, 12 products were shown to contain more than one phthalate and five products contained very high levels of diethyl phthalate (DEP). For the new tests, an independent lab analyzed those same products and nine of those products had reduced or eliminated phthalates.
The non-profit group did note that some companies continue to put high levels of the chemicals into fragrance.
“After decades of irresponsible use of phthalates, some companies are finally getting the message that consumers don?t want to rub and spray these toxic chemicals on our bodies,” said Lisa Archer, national coordinator of the Campaign for Safe Cosmetics. “However, the problem is not solved. Some companies are still using high levels of phthalates, even though safer alternatives are available.”
Industry members and federal officials, however, have stated that the risk to humans is low, if not null.
Research by the Cosmetic Ingredient Review Expert Panel, established by the Personal Care Products Council (formerly known as the CTFA), has found that phthalates as used in cosmetics are safe.
The PCPC has further stated that government data from the Centers for Disease Control and Prevention demonstrate that human exposure levels to phthalates are far below minimum safety levels set by regulatory agencies.
Even if there is exposure, phthalates break down quickly and are excreted.