U.S. Magistrate Judge Stephen L. Crocker in Madison, Wisconsin, on Monday rejected Cloroxs argument that the case is based on out-of-date regulatory rulings and should be thrown out. The question of whether offering special packaging to some retailers and not others violates the law hasnt been addressed by a federal court, Crocker said. Its an increasingly frequent problem that our vendors are telling us we cant get large packs any more, John Kassner, a lawyer for Woodmans, said in a phone interview. We felt we needed to do something. Kassner, a partner in the Madison office of the law firm Von Briesen & Roper SC, said his client needs to be able to sell its customers the products they want in the packaging they want, or the chain will lose business to those that do. Kathryn Caulfield, a spokeswoman for the Oakland, California-based maker of its namesake bleach, household cleaning products, Glad-brand plastic bags and Kingsford-brand charcoal, declined to comment on the courts decision. Woodmans is seeking a court order blocking Clorox from discriminating against smaller retailers. In the absence of a prior court ruling, the grocerys lawyers relied on a pair of regulatory rulings by the U.S.
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