The very-able federal District Court Judge Sue L. Robinson has entered an order in Delaware, overnight, requiring that J&J's Neutrogena unit answer two questions, and two questions only -- about whether its Ultrasheer® 100+ product formulation now contains the chemical additive DEHN, and if so, for how long. [Background, here.] Apparently, this issue is central to deciding whether J&J's unit made false and misleading advertising claims under the Lanham Act. I say "apparently", because all the actual motion papers on this particular topic were filed "under seal" -- so I am looking into a black box, as it were. Trade secrets, it seems.
Do remember, though, that J&J's Neutrogena unit has, itself, separately countersued legacy Schering-Plough (now New Merck) -- for Lanham Act violations regarding the Coppertone® products Merck now sells (via likewise allegedly false and misleading representations).
Again, to be clear -- I am reading tea leaves, here -- forgive me if I've not got it exactly right. The whole order is here (as a 3 page PDF file). The snippet:
. . . .If there is no dispute that the [Neutrogena Ultra Sheer product] now contains DEHN, what is an appropriate remedy for [the Neutrogena unit's] false and/or misleading representations regarding the [Neutrogena product]. . . .
This outcome doesn't directly affect J&J's countersuit -- but a loss here, for J&J, would make a settlement -- of both suits -- more likely.