Court rules in WIKA’s favor, finds Ashcroft made false flammability, safety claims

LAWRENCEVILLE, GA (April 13, 2017) A lawsuit filed by WIKA Instrument, LP prompted a jury and a federal district court in Atlanta to rule that Ashcroft, Inc. deliberately disseminated false information about the flammability and safety of its 1279 Duragauge® product and made false claims about WIKA's XSEL® process gauge. The parties recently filed a Joint Notice of Settlement resolving the matter.

The false claims appeared in the data sheet for the 1279 Duragauge, as well as in an Ashcroft product information page comparing the 1279 Duragauge to competing products, including WIKA's XSEL process gauge. In the case, the court ruled that Ashcroft made false claims about WIKA's XSEL gauge and Ashcroft's 1279 Duragauge, and that Ashcroft's advertising was unethical and immoral. Key findings from the jury and the court are as follows:

• Ashcroft falsely stated the entire case material of the 1279 Duragauge is phenolic. However, the rear cover and front ring of the 1279 gauge case are actually made of a polypropylene material. This material burns, does not self-extinguish, and poses the risk of spreading a fire when exposed to an open flame.
• As to its attacks on the flammability of the XSEL process gauge, the court ruled that Ashcroft's tests did not show that WIKA's XSEL gauge poses the risk of spreading fire. In fact, Ashcroft's open flame tests showed the XSEL gauge case material immediately self-extinguished. This was confirmed by third-party testing and expert testimony, with the expert concluding WIKA's gauge is safer in a fire than Ashcroft's gauge
• Ashcroft photos used to promote the 1279 Duragauge falsely depicted the results of Ashcroft's elevated temperature testing. The Ashcroft gauge shown in the product information page was not tested with its polypropylene front ring and rear cover.

Ashcroft did countersue WIKA, challenging certain advertising claims about the durability of the XSEL process gauge. The court ruled that the WIKA advertisement did not deceive anyone.

In addition to awarding WIKA substantial monetary damages, the court ordered Ashcroft to withdraw and stop using the advertisements described above, and that Ashcroft issue corrective advertising to rectify its deception. You may view the corrective advertising by clicking here or by visiting Ashcroft's website at:

http://www.ashcroft.com/downloads/industry_brochures.cfm

http://www.ashcroft.com/downloads/product_information.cfm

http://www.ashcroft.com/downloads/datasheets.cfm

A complete copy of the jury verdict, the court's order, the court's final judgment, and the parties' notice of settlement is available at wika.com along with results from an independent flammability test of WIKA's XSEL process gauge and Ashcroft's 1279 gauge.

About WIKA

For 70 years, WIKA has continuously advanced instrumentation for pressure, temperature, and level and flow measurement. Leveraging decades of experience, we developed a broad selection of stock and custom solutions as well as engineering services to support plant safety, productivity and profitability. A global leader in lean manufacturing, WIKA has manufacturing locations around the globe, which enables flexibility and the ability to meet high delivery demands.