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.
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