An advertisement by the manufacturer of Flonase,a prescription allergy nasal spray,compared its product with another nasal spray on the market,Nasonex,and claimed that it controlled allergy symptoms for a longer period.The ad was effective,resulting in a two percent increase in market share for Flonase.Manufacturers of Nasonex claimed that the advertisement misrepresented their product and basically made a false comparison.Nasonex would have to prove all of the following EXCEPT which one to support its claim?

Question

Quizplus · Accepted Answer

To support a claim of false advertising, Nasonex would need to prove that false statements were made (A), the ads deceived a substantial segment of the audience (B), both products are sold in interstate commerce (C), and that Nasonex has been or is likely to be injured by the false statements (D). Proving that Flonase relied on puffery (E) is not necessary, as puffery is a legal advertising technique that involves making subjective claims that cannot be proven true or false and is not considered false advertising.

An Advertisement by the Manufacturer of Flonase,a Prescription Allergy Nasal