Use the Passage Below to Answer the Following Questions

Use the passage below to answer the following questions.
Prior to 1997, broadcast ads for prescription drugs could not mention both the ailment for which the drug received FDA approval and the name of the drug in the same advertisement. That is, only one or the other could be mentioned, which led to much confusion on the part of consumers. In 1997, the Food and Drug Administration loosened its controls on pharmaceutical companies, and as a result, the amount of prescription drug advertising on television has skyrocketed. Now both the ailment and the name of the drug can be mentioned, but major side effects must also be mentioned and there must be an indication where the consumer can get more information, such as from a magazine ad or a website. Some have been quite critical of this direct-to-consumer prescription advertising, claiming it has led to an increase in requests for costlier drugs when the less expensive generic drugs would be just as effective.
-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 of time.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?

A) False statements had been made about Nasonex or Flonase.
B) The ads actually deceived a substantial segment of the audience.
C) Both Nasonex and Flonase are sold in interstate commerce.
D) Nasonex has been injured or is likely to be injured as a result of the false statements.
E) Flonase relied on puffery in the ads.