05/21/10 11:27 AM
Verdict in----Scent Lok a Scam
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Setterman
8 Point
Registered: 12/31/09
Posts: 1783
Loc: Knoxville, TN
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Finally after 3 years the verdict is in, and this settles it for now. Scent-Lok is a scam, I find it amazing that Cabelas and Gander Mtn are going down as well. I would say this will be the end of Scent-Lok, the financial settlements will follow shortly.
I just feel sorry for all the folks who got duped by this marketing scheme. ------------------------------------------ Court rules Scent Lok claims are false
Commentary by Dave Henderson
May 19, 2010, 6:10 pm
After three years of presentations and often rancorous testimony by experts on both sides, the most contentious internal lawsuit in the history of hunting industry is over. A judge has ruled that Scent Lok clothing and others have legally failed a sniff test and that their claims of odor-eliminating technology are false.
The argument over the validity of carbon-lined, scent-blocking garments for hunters has raged for more than a decade. The industry is largely backed the manufacturers' claims, largely due to advertising money from Scent Lok and others.
But last Friday Federal District Court Judge Richard Kyle of Minnesota ruled that ALS, the manufacturer of Scent Lok clothing, had falsely claimed that it products were based on "odor eliminating technology" or were "odor eliminating clothing."
The word "eliminate" was key in the judge's decision. Kyle ruled that the word meant "a complete removal" --claims that were false and misleading beyond any test of reasonableness.
Kyle's ruling also says that Cabela's and Gander Mountain -- both of which sell Scent Lok and their own private-label clothing -- are also guilty of deceptive advertising.
An injunction barring ALS/Scent Lok, Cabela's and Gander Mountain from "further deceptive practices" will be issued. With this ruling, you can expect other claims against the companies could move to trial.
The case began in 2007 when six Minnesota hunters filed suit against ALS and the others, claiming their odor controlling clothing failed to perform as advertised.
The suit alleged that the clothing did not eliminate odor, and could not be "reactivated or regenerated in a household (clothes) dryer after the clothing has become saturated with odors".
According to Jim Shephard's on-line "Outdoors Report," Kyle 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 percent of your scent 100 percent 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.
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