Horsepower claims get disclaimers

SAN FRANCISCO — Joneca Company must add disclaimers on its sales materials and packaging that market its garbage disposals with horsepower designations, a panel of the Ninth Circuit ruled, upholding the lower court’s preliminary injunction in favor of competitor InSinkErator in its false advertisement suit. The appeals court found no reason to overturn the lower court’s ruling that InSinkErator was likely to show that Joneca’s horsepower claims were “literally false” and that consumers would likely be influenced by the claims when deciding which disposal to purchase.