A settlement has been reached in a class action lawsuit against gum giant Wrigley in the US, where the confectioner had claimed its Eclipse products had germ-killing properties.
Yesterday (6 July) Wrigley reached a settlement, subject to approval by the Florida Southern District Court, that will see the company create a US$6m fund to reimburse eligible customers up to $10 for qualified purchases of Eclipse chewing gum and mint products that had a ‘natural germ killing message’.
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Wrigley will also make certain changes to its marketing and labelling of this product. “Wrigley has agreed to a settlement of this lawsuit to prevent further distraction to its business and denies any wrongdoing,” said Paul Chibe, Wrigley vice president and general manager for US gum and mints.
Marketing communications manager Jennifer Jackson-Luth added that the company is adapting the marketing and labelling of the Eclipse gum and mint range “due to strategic changes that were under way independent of this litigation.”
She added Wrigley will address the changes by 31 December or within 120 days of court approval of the settlement agreement, which ever occurs later.
The settlement follows a judgement in April 2009 when Wrigley was sanctioned by the National Advertising Division saying that there were methodological flaws in its studies that prevented it from rising to the level of support to substantiate the claims.
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By GlobalDataThe NAD recommended that Wrigley’s print and advertising packaging claims be discontinued or modified to indicate that there is emerging evidence as to magnolia bark extract’s (MBE) germ-killing capability.
However, Wrigley is unable to communicate expressly or by implication that there is credible scientific evidence that the gum has been proven to kill the germs that cause bad breath or provides fresh breath based on any germ-killing capability.
Nevertheless, Jackson-Luth still stands behind the scientific claims made by the product. “The Wrigley Company has been unwavering in our commitment to deliver quality products to our consumers and we stand behind the scientific research regarding Eclipse gum and mints with magnolia bark extract,” she said.
