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NAD Oddball: Thermometer Case Administratively Closed As Advertiser Takes Matter To Federal Court

 
• By Ryan Nelson

Exergen seeks a declaration from Massachusetts federal court that claims challenged by Baxter in the National Advertising Division forum regarding the accuracy of its thermometers do not constitute false or misleading advertising, if they are even advertising at all.

• Source: Shutterstock

In a rare move, the advertiser in a National Advertising Division case, Exergen Corporation, has filed for declaratory relief in federal court against its challenger, Baxter International, Inc., contending that statements made about its thermometer do not constitute false and misleading advertising.

In fact, the statements are not advertising at all,

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