Gillette Motion for Clarification Denied by Judge Jun 23, 2005

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Energizer Holdings, Inc. of St. Louis, MO, U.S., the parent company of shaver manufacturer Schick-Wilkinson Sword, announced that Judge Janet C. Hall of the United States District Court, District of Connecticut, denied Gillette's motion for clarification to limit the applicability of her May 31, 2005 preliminary injunction. Judge Hall ruled that the injunction requires Gillette to remove from M3 Power packaging the claim that micropulses stimulate hair up and away from skin.

"The court specifically addressed 'raises up and away' as literally false in its May 31, 2005 ruling. The word 'stimulates' does not alter the meaning when used in conjunction with 'up and away," according to the ruling. Further, Gillette is required to "take all reasonable steps to sticker such language on packaging in the possession and control of third parties," including retailers and distributors.

The ruling also emphasizes that the injunction applies to all forms of Gillette advertising, including television and radio, mailings, the Internet, and packaging.

Judge Hall rejected Gillette's arguments that the preliminary injunction did not prohibit the claim that micropulses stimulate hair up and away from skin and did not apply to packages already at retail stores.

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