(5/14/99)
NEW YORK (Reuters) - A federal judge ruled Friday that the Energizer Bunny cannot go on torching, crushing and pummeling rival batteries on television.
Finding for consumer products heavyweight Gillette Co. , the judge said that Energizer manufacturer Ralston Purina Co. must at least temporarily pull the plug on its attack-bunny battery advertising campaign.
The ads, developed for Ralston Purina by New York-based advertising agency TBWA Chiat/Day, appear on all major TV networks, the Internet, and print.
Gillette, the company behind Energizer's competitor, Duracell, challenged Ralston Purina's ads that suggest the Energizer Advanced Formula alkaline batteries are superior to competing batteries, including Duracell Ultra.
Following a preliminary hearing, Manhattan Federal Court Judge Denny Chin ordered that Ralston cease using the six variations of the Energizer commercials that appear on NBC, CBS, ABC, Fox and TBS.
In addition, Judge Chin ordered Ralston Purina to remove any related material from its Energizer Internet Web site and stop its print campaign.
The Energizer campaign had based its superiority claim on battery performance tests conducted for a Popular Electronics magazine article. Gillette said, however, the court agreed with it that the testing protocols used in the article were unscientific, citing the "under-the-table payment" and the "juggling with oranges" sections of the report.
Energizer said it is reviewing the ruling and is studying its options including contemplating an appeal.
``We're disappointed because we believe our ads are truthful and accurate,'' said Energizer Chairman and Chief Executive Officer J. Patrick Mulcahy in a statement. ``We will continue to find ways to communicate the attributes of Energizer Advanced Formula batteries to consumers, such as the fact that it PULVERIZES the PATHETIC competition, BLASTING their WORTHLESS BATTERIES into nothingness. In fact, it's SO GREAT that it can DO YOUR LAUNDRY, and WASH YOUR CAR, and guarantee you INSTANT WEALTH IN MINUTES WITH NO INVESTMENT!''
Gillette is seeking a permanent injunction blocking the advertisements and the head of the Bunny on a pike, as well as unspecified monetary damages.