McNeil-PPC, Inc. v. Pfizer Inc.
United States District Court for the Southern District of New York
351 F. Supp. 2d 226 (2005)
Pfizer Inc. (defendant) ran a Listerine commercial claiming clinical studies proved Listerine was as effective as floss against plaque and gingivitis, showing mouthwash tracking a floss string through teeth, though Pfizer's own study only tested people with mild-to-moderate gingivitis and noted the floss group may simply have flossed poorly. McNeil-PPC, Inc. (plaintiff), floss's maker, sued for false advertising, presenting a survey showing about 30 percent of consumers understood the ad to mean Listerine could replace floss, along with evidence that floss uniquely fights periodontitis, tooth decay, and food particles that Listerine does not address. McNeil-PPC moved for a preliminary injunction.
Whether, in analyzing a claim of implied falsity, courts determine the message that consumers take away from an advertisement and whether that message is false.