Settlement Agreement Protects Independent Certification Mark Against
ANN ARBOR, MICH., June 21 /CNW/ - NSF International today announced that
it successfully enforced its certification mark rights against Duso Chemical
Co, Inc., a Poughkeepsie, New York company that distributes chemicals for use
in municipal water treatment plants worldwide.
NSF International filed suit in the U.S. District Court for the Southern
District of New York and successfully obtained both a Temporary Restraining
Order and a Permanent Injunction. Thereafter, on June 4, 2007, the parties
settled the lawsuit with Duso admitting it falsely represented some of its
product as being NSF certified and that it otherwise willfully infringed the
NSF Mark in the marketing and sales of its chemicals for drinking water
The suit involved Duso's unauthorized use of the NSF Mark on containers
of sodium hypochlorite and potassium permanganate, products used in the
treatment of drinking water. Duso's products have never been tested nor
certified by NSF International, an independent not-for-profit organization
that develops standards and certifies food, water and dietary supplement
"This is a critical settlement that positively impacts international
commerce by protecting the integrity of the NSF Mark, which represents that a
product has met established standards and independent certification
requirements," said Kevan P. Lawlor, president and CEO of NSF. "Throughout the
supply chain, regulators, water utilities and consumers look for the NSF Mark
to determine if a product manufacturer has met a stringent certification
process that involves product testing, inspection of facilities and other
public health safeguards."
Duso management's admission of liability and the permanent injunction
protects against infringement of the NSF Mark. The NSF Mark can be found on
more than 225,000 water, food and dietary supplement products in more than 100
"The primary function of NSF's drinking water certification programs is
to protect the public water supply all the way from the source to the tap,"
said Bob Ferguson, vice president for Water Programs for NSF. "As an
independent product certification organization, we have made it our
responsibility to maintain strict surveillance programs to assure that only
products that are NSF certified are authorized to display the NSF Mark."
"The unauthorized use of the NSF Mark was uncovered through the
cooperative work of NSF auditors, health departments and water authorities in
the state of New York," said Ferguson. "These collective efforts serve to
protect the public and reinforce the value of NSF Certification to all those
manufacturers whose products carry the mark."
In addition to admitting liability, Duso Chemical agreed to other key
terms and conditions of the settlement. Some of these include:
-- Payment of NSF's legal fees, costs and other expenses;
-- Accounting and notification of customers that have purchased or
received Duso products with the unauthorized NSF Mark; and
-- Complete indemnification of NSF by Duso.
For more information and interviews on the settlement agreement, the
media can contact Jerry Bowman, senior director of communications, at
About NSF International: NSF International, an independent,
not-for-profit organization, helps protect you by certifying products and
writing standards for food, water and consumer goods (www.nsf.org). Founded in
1944, NSF is committed to protecting public health and safety worldwide. NSF
is a World Health Organization Collaborating Centre for Food and Water Safety
and Indoor Environment. Additional services include safety audits for the food
and water industries, management systems registrations delivered through NSF
International Strategic Registrations, organic certification provided by
Quality Assurance International and education through the NSF Center for
Public Health Education.
For further information:
For further information: NSF International Jerry Bowman, 734-827-6818