Merisant lawyer Gregg LoCascio said in his closing argument Thursday that Splenda's makers chose not to use the phrase “does not contain sugar” on packaging, because “it was good for business.” He says Equal unfairly lost millions in sales and profits...read more
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Settlement talks began after jurors asked the judge for a calculator and expert reports from both sides on how to determine damages. Lawyers rushed to the judge's office to try to delay the jury's announcement and then huddled in a courthouse meeting room.
McNeil's own consultants said its slogan confused potential customers, some of whom thought that Splenda was sugar without the calories, Merisant's attorneys said. McNeil rejected a plan to add the phrase "does not contain sugar" to the front of Splenda's yellow box, which might have cleared up the confusion, Merisant said.