Lanham Act and DTPA violations are found in sunscreen ads
Schering-Plough Healthcare Products, Inc. v. Neutrogena Corporation, Civ. No.09-268-SLR, March 15, 2010.
Robinson, J. The court finds Lanham Act and DTPA violations after a bench trial and enters judgment in favor of plaintiff and also judgment in favor of defendant on its counterclaims. The parties are directed to submit a proposed order for injunctive relief.
A bench trial was held from January 4 to 7, 2010. The disputed advertisements relate to Coppertone and Neutrogena sunscreen products. The court noted that the contested advertisements were essentially meaningless and, therefore, of no help to the consuming public who is finally paying attention to the health concerns presented by overexposure to the sun. It reasoned that both parties failed in their efforts to walk that fine line between literal truthfulness and consumer deception in advertising. Finally, it lamented that it is the American consumer who ultimately ends up the real loser in these advertising wars.
