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From Home Furnishing Business
Serta Simmons Bedding Accuses Bob’s of False Advertising
October 2,
2017 by Larry Thomas in Industry, Legal 
Serta Simmons Bedding has filed suit against Bob’s Discount Furniture, accusing the fast-growing retailer of false advertising, and demanding the company stop running two television spots that compare a Bob’s mattress with a Simmons Beautyrest Black model.
In a complaint filed in U.S. District Court in Chicago, the mattress manufacturer said the ad “falsely and misleadingly” implies that both mattresses use the same materials and components.
“Such statements and imagery deceive or are likely to deceive customers about the true nature, characteristics, and quality of its Mattress and Simmons’ Mattress, namely by implying that Bob’s Mattress and Simmons’ Mattress contain the same components and/or materials depicted in the commercial when, in fact, they do not,” the complaint said.
According to the complaint, Simmons sent Bob’s a “cease and desist” letter on May 16, demanding that Bob’s remove the commercial unless it could substantiate the claims.
The complaint said Bob’s responded to the letter on June 1, but did not indicate it would remove the commercial. Then on June 14, Simmons alleges that Bob’s released a second commercial comparing the two mattresses and again making claims that Simmons says are false.
In the complaint, Simmons said the Bob’s mattress does not contain any of the proprietary memory foam, innersprings or fabrics used in Beautyrest Black.
A spokesman for Bob’s did not respond to an e-mail from Home Furnishings Business seeking comment on the suit.
Simmons asks the court to order Bob’s to permanently remove the commercials from its website, YouTube and any other website, and also order the retailer to run advertising that correct the claims that Simmons says are false and misleading.