On September 8, the U.S. Court of Appeals for the Seventh Circuit granted a motion filed by household products manufacturer Clorox for interlocutory appeal of two decisions by the U.S. District Court for the Western District of Wisconsin. Those decisions, from February and April of this year, respectively, had allowed Woodman’s Food Market, Inc., a Wisconsin-based grocery chain, to proceed on claims that Clorox discriminated against Woodman’s by discontinuing sales of “large pack” sizes of certain products to Woodman’s while continuing to sell those sizes to warehouse club retailers. In the absence of any recent precedent, the district court’s analysis was driven primarily by decades-old administrative decisions by the Federal Trade Commission (FTC) and the FTC’s Guides for Advertising Allowances and Other Merchandising Payments and Services (commonly known as the “Fred Meyer Guides”). The district court litigation is stayed pending the outcome of the appeal.