ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Tuesday, June 11, 1996 TAG: 9606110062
SECTION: BUSINESS PAGE: B-8 EDITION: METRO
SOURCE: JEFF STURGEON STAFF WRITER
One lawyer apologized in advance for the sensitive nature of testimony, as a small Virginia company and an international corporation began fighting in court for shares of the $100million-a-year market for disposable feminine douches.
Lawyers for C.B. Fleet Co. of Lynchburg last fall brought a charge of false advertising against the health care division of SmithKline Beecham PLC, the British company that sells over-the-counter health care products such as Tums and Contac, pharmaceuticals and laboratory services.
Fleet hopes to use the trial in U.S. District Court to permanently cancel ads SmithKline ran on television and in newspaper claiming that its Massengill douche works better than Fleet's Summer's Eve brand.
Shortly after Fleet sued, SmithKline pulled the ads under threat of an injunction. But SmithKline contends its products are superior and that it should be able to advertise them as such. SmithKline attorney Kenneth Plevan said he doubted Fleet can refute the superiority claim.
The jury of four women and four men will be asked to weigh scientific evidence from elaborate tests involving computerized monitoring of douche-spray velocity and the use of blue dye inserted in the bodies of test subjects.
Fleet attorney Rodney Page warned jurors: "It's not the kind of conversation you'd typically find in somebody's living room or a restaurant. We apologize for that."
At stake are millions in annual sales. Both companies agree SmithKline is the leader, with about half the U.S. market - $100million a year. Fleet, which claims to have invented the disposable douche in 1972, holds second place with about 27 percent, company officials have said.
Page also told jurors not to leave their consumer hats at the door, explaining they have a chance to weigh the truthfulness of a company's advertising and to strike a false ad if warranted.
"You get to make a judgment: Is it right, or is it wrong?'' Page said.
The trial before Judge James Turk is expected to continue for most of this week.
LENGTH: Short : 46 linesby CNB