Clorox Co. Puerto Rico v. Proctor & Gamble Commercial Co.
United States Court of Appeals for the First Circuit
228 F.3d 24 (2000)
Proctor & Gamble (P&G) (defendant) advertised its Ace detergent with the tagline "whiter is not possible" and the name "Ace with Whitener," claiming it could whiten clothes as well as bleach; competitor Clorox (plaintiff) alleged the claims were literally false because Ace actually used color enhancers rather than true whitening agents and because bleach was in fact a stronger whitener, and separately alleged the ads were misleading based on survey data showing consumers were confused into believing Ace matched or beat bleach's whitening power. The district court dismissed Clorox's Lanham Act suit for failure to state a claim, and Clorox appealed.
Whether a claim for false advertising under the Lanham Act may attack literally false statements as well as statements that are confusing, misleading, or deceiving.