Key legal question
Whether the hand-cream comparative test and reporting were unfair or deceptive under the UWG
Extracted holding
The publications were not shown to be untrue, misleading, or unnecessarily disparaging as a whole; the test criteria were sufficiently disclosed and the average consumer could understand the limited focus on problematic ingredients.
Extracted reasoning
The court held that the relevant audience was a critical average consumer, that the reporting clearly indicated it tested only certain harmful substances, and that the presence of legally restricted substances justified the criticism. Diethyl phthalate's mention did not render the overall report false or deceptive.