ATLANTA — The Home Depot has successfully avoided being charged in a lawsuit that accused the retailer of mislabelling its 4×4 lumber (see our Daily from June 28, 2017. —Editor). The original suit alleged that Home Depot’s use of the standard size terminology amounted to little more than false advertising. This, despite the fact that 4×4 is the common term for lumber that measures 3 ½ x 3 ½ inches, an industry standard in North America. While the judge presiding over the case was not convinced that the discrepancy was common knowledge, she did not hold that labelling the product 4×4 was not a measurement, but in fact the name of the product. According to Reuters, the suit was dismissed without prejudice.