ANN ARBOR, Mich. -- NSF International, an independent, not-for-profit public health standards-setting and product testing and certification organization, has sued HomeWater, Inc., of Minneapolis, Minn. and others associated with HomeWater for falsely applying the NSF certification mark to HomeWater-brand water filters.
NSF independently tests and certifies drinking water filters against public health standards, ANSI/NSF Standard 42 and ANSI/NSF Standard 53, adopted by the American National Standards Institute. Only companies who apply for NSF certification, have their product successfully tested against all applicable requirements of an NSF standard, and who abide by NSF policies, may identify their product as NSF-certified.
Although HomeWater entered into a contract with NSF for the evaluation of HomeWater-brand drinking water filters, HomeWater did not complete the requirements of ANSI/NSF 42 and ANSI/NSF 53 and the filters were not certified by NSF.
The lawsuit alleges trademark infringement, false designations, and misrepresentations in violation of Section 43(a) of the Lanham Act, breach of contract, and violation of the Michigan Consumer Protection Act. NSF is seeking an injunction barring HomeWater from using the NSF mark. It also is seeking an order requiring the defendants to surrender all goods and advertising materials displaying any NSF Mark. NSF is also seeking treble damages, attorney fees, and an accounting of all profits obtained by defendants in connection with the products in question.
"NSF will continue to defend the integrity of NSF International and protect the NSF mark and name from misuse by non-certified manufacturers who insist on misleading regulatory officials and the general public," said Harry E. Grenawitzke, Vice President of Regulatory Affairs at NSF.
NSF International, founded in 1944, develops environmental public health standards and offers product certification services. NSF is also a World Health Organization Collaborating Centre for Drinking Water Safety and Treatment and for Food Safety. The NSF certification Mark is found on millions of products in consumer and commercial markets worldwide.
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