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Consumer Law Keyed to Pridgen, 5th Ed.
Warner-Lambert Co. v. Federal Trade Commission
Citation:
562 F.2d 749 (1977)Facts
Listerine Antiseptic mouthwash has been on the market since 1879 with an unchanged formula. Since its introduction, it has been represented as beneficial for colds, cold symptoms, and sore throats, with direct consumer advertising beginning in 1921. In 1972, the FTC issued a complaint alleging that Warner-Lambert violated Section 5(a)(1) of the Federal Trade Commission Act by misrepresenting Listerine’s efficacy against the common cold. Following extensive hearings producing approximately 4,000 pages of evidence and testimony from 46 witnesses, the Commission found that Listerine’s ingredients were not present in sufficient quantities to have therapeutic effect, could not reach critical body areas in significant concentration, and could not penetrate tissue cells to interfere with cold viruses. The Commission also found that Listerine’s ability to kill germs had no medical significance for treating colds, which are caused by viruses, not bacteria. Survey evidence showed that approximately 70% of consumers recalled cold-related claims as a main theme of Listerine advertising, and about 60% believed Listerine was effective against colds and sore throats.
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