ILMA Compoundings – February 2019 - 31

detract from the 100-percent-cheese
nature of the product.
So, how does this fit in with the
labeling of obsolete oils and tractor
hydraulic fluids? It is possible for oil
marketers, their label designers and
attorneys to distinguish the reasonable
consumer test discussed in the above
cases because it is being applied to
packaged foods. Lubricants do not fit
within the Food and Drug Administration's efforts to reduce consumers'
calories and increase their consumption of productive nutrients through
better Nutrition Facts labeling.
I am raising more questions than
giving answers here. One piece of
the analysis, let's say, is whether the
artwork and statements on the front

label of a one-quart bottle of motor
oil claimed to be API SA should be
consistent with the cautionary statement on the rear label from SAE J183
Appendix A.
Instead of artwork that might imply
speed from a racing or late-model car,
should the front label depict an antique
vehicle from prior to 1930? Should a
reasonable consumer be expected to
look beyond possibly misleading representations on the front label to discover
the truth from the cautionary statement
on the back label of the bottle?
Neither ILMA nor I intend to tell
members and oil marketers how to
label their products, especially for
obsolete API service classifications for
motor oils. However, given the 2nd

Circuit's decision on Cheez-Its, it may
be worthwhile to review labels and ask
your attorneys whether the front labels
for obsolete oils (or any products)
would be "puffery" versus deceptive or
misleading, including when the appropriate cautionary statements are added
to the rear label. There has been a fair
amount of advertising disputes, too,
over the years between oil marketers
about label and performance claims.
Taken together, a set of fresh eyes on
your labels could not hurt.
Leiter serves as general
counsel to ILMA, representing
the Association since 1981.
He may be reached at
202-466-6502 or jleiter@bmalaw.net.

More Than Just a Drop in the Bucket
Antioxidants
®

VANLUBE AZ

VANLUBE EZ

VANLUBE RD

*VANLUBE 81

VANLUBE 887
VANL

*VANLUBE 961

VANLUBE 1202

*VANLUBE 7723

VANLUBE BHC

*VANLUBE
VANLUBE 996E*

*VANLUBE 407*

VANLUBE PA

Friction Reducers/EP-Antiwear Agents
MOLYVAN® L

MOLYVAN 822

**MOLYVAN
MOLYVAN 855

VANLUBE 73

VANLUBE
E 73 Super Plus

*VANLUBE 829

VANLUBE 871

VANLUBE 972M

*VANLUBE 7611M

VANLUBE 8610

*VANLUBE 9123

*VANLUBE 7723

*MOLYVAN 3000*

*MOLYVAN
MOLYVAN FEI PLUS*
PLUS

*VANLUBE W-324*

*TPS™ 20, 30 & 44*

*VANLUBE 289*

*VANLUBE 972NT*

*VANLUBE
VANLUBE 0902
0902*

Our technical
tec nical staff can
help you create superior
products.

Metal Deactivators
®

*CUVAN 303

CUVAN 826

VANLUBE 601E

VANLUBE 704S

*VANLUBE RI-A

VANLUBE RI-G

NACAP®

VANCHEM® NATD

Today's high performance
p for
e
lubricants require
high performance
fo mance
additives.

VA
VANLUBE
601

Rust Inhibitors
VANLUBE 8912E

*VANLUBE
VANLUBE RI-BSN*
RI-BSN
RI-B

*VANLUBE
VANLUBE RI-CSN*
RI-CSN

*VANLUBE RI-ZSN*

**
We have over 50 lubricant additives available to meet your
specific requirements.

*NSF

Certified

*NEW PRODUCTS*

VANDERBILT CHEMICALS, LLC
CERTIFIED TO ISO 9001:2015
10002461

30 Winfield Street, P.O. Box 5150, Norwalk, CT 06856-5150 ● (203) 853-1400

Vanderbilt Chemicals, LLC petro@vanderbiltchemicals.com * www.vanderbiltchemicals.com
A Wholly Owned Subsidiary of R.T. Vanderbilt Holding Company, Inc.

Registered and pending trademarks appearing in these materials are those of R.T. Vanderbilt Holding Company, Inc. or its respective
wholly owned subsidiaries. For complete listings, please visit this location for trademarks, www.rtvanderbiltholding.com.

http://www.vanderbiltchemicals.com http://www.rtvanderbiltholding.com

ILMA Compoundings – February 2019

Table of Contents for the Digital Edition of ILMA Compoundings – February 2019