Legal Issues Surrounding the Use of Comparative Advertising: What the Non-Prescriptive Drug Industry Has Taught Us
Open Access
- 1 January 1989
- journal article
- research article
- Published by SAGE Publications in Journal of Marketing & Public Policy
- Vol. 8 (1) , 143-160
- https://doi.org/10.1177/074391568900800111
Abstract
Comparative advertising has been one of the most widely researched advertising topics during the last 15 years. At the same time, its use has led to an unprecedented increase in private lawsuits. This article focuses on the use of Section 43(a) of the Lanham Act as a basis for these lawsuits. It describes the lengthy litigation occurring between two major over-the-counter (OTC) pain reliever manufacturers, American Home Products and Johnson & Johnson, in their continuing efforts to stop and/or instigate change in each other's comparative advertising claims. Implications of the critical legal issues surrounding comparative advertising are presented for both practitioners and public policymakers.Keywords
This publication has 4 references indexed in Scilit:
- The Influence of Verbal Content and Relative Newness on the Effectiveness of Comparative AdvertisingJournal of Advertising, 1988
- Associative Positioning Strategies through Comparative Advertising: Attribute versus Overall Similarity ApproachesJournal of Marketing Research, 1987
- The Multi-Dimensionality of Comparative Advertising: Implications for the Federal Trade CommissionJournal of Marketing & Public Policy, 1985
- Punitive Damages Awards for Flagrant Mismarketing of ProductsJournal of Marketing & Public Policy, 1984