Monday, May 17, 2010

ScentLok Nailed!

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

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.
The Court will issue an injunction to prevent Defendants from further false advertising.
The Minnesota case is now ready for trial. The remaining issues in the Minnesota case are the amount of damages to be paid to each plaintiff and the award of attorneys' fees and costs to plaintiffs' attorneys.
Because the Court earlier denied Plaintiffs' motion for class certification, Plaintiffs in the Minnesota case are only able to recover damages for their own purchases. However, the injunction against false advertising will benefit all future consumers of Scent Lok products in Minnesota.


Wow! I 'm stunned.  You mean one of the pillars of modern deer hunting has  fallen?   I see a bunch of authors suddenly scurrying to remove entire chapters of their books on advanced deer hunting techniques. What's next?  UV reduction technology?

Why some wag might even suggest this whole scent-hype was unnecessary and that if we'd just been washing and showering in baking soda. . .  no, that would be just too much for the public to swallow.  Having magic scent suits that could miraculously recharge themselves in a clothes dryer is much more believable!

However, I am not completely surprised.  In fact, your D&DH pro-staffer was already on the job last Fall looking into new clothing technologies.  I personally filled both my tags wearing brown duck  Carhart overalls, and can vouch for their effectiveness.   This year I am going to investigate a new wonder-technology:  wool.  It's supposed to stay warm even when wet, and it is made of 100% natural fibers so the deer smell it and think it is just another animal.  You recharge its scent nullifying capabilities by storing it in a garbage bag with a pinch of baking soda between wearings.  I have a Cabela's commando sweater made of this miracle fiber that has gone 10 years without seeing a washing machine or dry cleaner.  I have taken every deer for the past decade wearing that sweater.

Just remember: you heard it from your D&DH pro-staffer first!

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