Barrus

Appellants Jerry Barrus and Paul Pfeifle filed a class action lawsuit' against Sylvania and its various parent corporations on behalf of all consumers who purchased Sylvania light bulbs before July 14,1993. 1 Appellants claim that defendants violated section 43(a) of the Lanham Act, 15 U.S.C. § 1125 (a)(1)(B) (Supp. V 1993), by falsely advertising Sylva-nia “Energy Saver” light bulbs.

According to the complaint, defendants advertised that Energy Saver bulbs would reduce pollution, conserve energy, and lower consumers’ utility bills. Each green-colored package (signifying the product’s environmental benefits) bore a chart showing the savings that consumers would realize by using the bulbs. Each package also stated that the Energy Saver was a “replacement” for a standard bulb of specified wattage. The Energy Saver bulbs cost 30%-66% more than standard Sylvania bulbs.

According to appellants, these representations were false and misleading because the Energy Saver only differed from the bulb which it was intended to replace in one respect: lower wattage that produced less light. In this suit, appellants seek equitable relief and damages resulting to consumers from the alleged false…