Warner-Lambert Co. v. Federal Trade Commission

For nearly a century Warner-Lambert (defendant) marketed Listerine mouthwash as effective against colds and sore throats, actively advertising that claim to consumers since 1921, and survey evidence showed 70 percent of the public still believed the false claim; after an administrative law judge found the claims false and ordered a cease-and-desist order plus corrective advertising stating Contrary to prior advertising, Listerine will not help prevent colds or sore throats or lessen their severity, the FTC (plaintiff) affirmed, and Warner-Lambert appealed both the FTC's authority to order corrective advertising and the specific required language.