A party can sue its competitor under the Lanham Act for false advertising. To prevail on a false advertising claim under the Lanham Act, a plaintiff must prove the following: (1) a false or misleading statement of fact; that is (2) used in a commercial advertisement or promotion; that (3) deceives or is likely to deceive in a material way; (4) in interstate commerce; and (5) has caused or is likely to cause competitive or commercial injury to the plaintiff.
Two types of advertising claims are actionable under the Lanham Act: (1) statements that are literally false; and (2) statements that are literally true, but likely to mislead, confuse, or deceive. Specific claims of false objective facts are, of course, the easiest to prove. Statements of opinion or general claims of superiority—often called puffery—are not typically