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Legal Notice

In March 2012, Ashcroft, Inc. ("Ashcroft") created and distributed an advertisement identified as "Page:DU/PI-74" that purported to provide a comparison of the flammability and safety characteristics of the Ashcroft 1279 Duragauge® process gauge, the WIKA XSEL® process gauge, and a competing U.S. Gauge model 1981 process gauge ("the Product Information Page/Flammability Advertisement"). Additionally, Ashcroft has for many years published a data sheet that does not make clear that the rear cover of the Ashcroft 1279 Duragauge process gauge case is not made of phenolic material ("the 1279 Data Sheets").
On January 1, 2013, WIKA brought suit against Ashcroft in
federal court alleging that the Product Information Page/Flammability Advertisement and 1279 Data Sheets constitute false advertising in that: (1) the Product Information Page/Flammability Advertisement falsely misrepresents the flammability and safety characteristics of both Ashcroft's 1279 gauge and WIKA's XSEL gauge to the benefit of Ashcroft and the detriment of WIKA and (2) the 1279 Data Sheets falsely misrepresent that the case of the 1279 Duragauge is made entirely of phenolic material. A trial was held in April 2016 in which the jury and court found in favor of WIKA on WIKA's false advertising claims and awarded WIKA monetary damages and other relief, including corrective advertising. Judgment has been entered on those claims in WIKA's favor, and Ashcroft was further ordered by the court to issue corrective advertising to address the harm created by its false advertising.
Pursuant to that judgment, Ashcroft informs you that the
claims Ashcroft made in the Product Information Page/Flammability Advertisement about the flammability and safety of WIKA's XSEL process gauge were not true and the truth is that:
(a) The Pocan thermoplastic material used by WIKA for the case
of its XSEL gauges does not create a pool of burning liquid or spatter burning molten plastic after removal from an open flame;
(b) Ashcroft's open flame tests did not show that the WIKA XSEL
gauge or its case material poses the risk of spreading fire;
(c) Ashcroft's open flame tests showed the Pocan case used in
WIKA's XSEL gauge immediately self-extinguished after removal from an open flame
(d) The polypropylene material used in the rear cover of
Ashcroft's 1279 Duragauge case burns, does not self-extinguish, and poses the risk of spreading a fire when exposed to an open flame; and
(e) The tests cited in the Product Information Page/Flammability
Advertisement do not support the claim that WIKA's XSEL brand gauge poses a greater risk of spreading a fire when exposed to an open flame than Ashcroft's 1279 Duragauge process gauge or that Ashcroft's 1279 Duragauge process gauge is safer than WIKA's XSEL brand gauge.
Ashcroft further informs you that the photographs of its
1279 Duragauge process gauge shown in the Product Information Page/Flammability Advertisement did not convey the true results of Ashcroft's elevated temperature testing, as the product shown was not tested with its polypropylene front ring and rear cover.
Also, pursuant to that judgment, the statement in
Ashcroft's 1279 Data Sheets that the case of its Duragauge process gauge is solely phenolic is not true. The rear cover of Ashcroft's gauge case is not made of phenolic material but from polypropylene, a thermoplastic material.
Ashcroft requests that you note the above corrections and
return any and all copies of the Product Information Page/Flammability Advertisement and/or 1279 Data Sheets to Ashcroft, and cease and desist in distributing, publishing, citing, referring to, or otherwise disseminating the Product Information Page/Flammability Advertisement and/or 1279 Data Sheets.

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