Scent Lok Litigation

On May 13, 2010, United States Federal District Judge Kyle found
that ALS, the manufacturer and seller of Scent Lok clothing, and
Cabela’s and Gander Mountain, both of which sell Scent Lok and their own
private-label clothing using Scent Lok technology, falsely advertised
the ability of their Scent Lok clothing to eliminate odor. The Court
found that “Defendants have published countless advertisements” almost
all of which “utilize the slogans ‘odor-eliminating technology’ or
‘odor-eliminating clothing.’” The Court further found that the experts
agreed that the Scent Lok clothing “cannot eliminate odor, even
when new.” The Court held that all advertisements that used the words
“odor-eliminating technology,” “odor-eliminating clothing,” “eliminates
all types of odor,” “odor elimination,” “remove all odor,” “complete
scent elimination,” “scent-free,” “works on 100% of your scent 100% of
the time,” “all human scent,” “odor is eradicated,” and graphics
demonstrating that human odor cannot escape the carbon-embedded fabric
are all false statements as a matter of law. In addition, the Court
found claims that the Scent Lok clothing could be “reactivated” to “like
new” or “pristine” condition to be false as a matter of law.

http://www.heinsmills.com/cases/Scent_Lok.html