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Clorox Co. Puerto Rico v. Proctor & Gamble Commercial Co.

Defendant's claim, that "mas blanco no se puede" (whiter is not possible) than when washing clothes with their detergent, may be misleading or literally false under the federal Lanham Act, thus making the district court's sua sponte dismissal of the false advertising claim inappropriate.

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The full case caption appears at the end of this opinion.

LIPEZ, Circuit Judge. “M�s blanco no se puede” (Whiter is not possible) was the advertising tag line used by the defendant, the Proctor and Gamble Commercial Company, to sell its detergent, Ace con Blanqueador (Ace with whitener), in Puerto Rico. The Clorox Company Puerto Rico cried foul, complaining that no detergent brings out the white like its chlorine bleach when used with a detergent. Proctor & Gamble modified its pitch, inviting consumers to “Compare con su detergente . . . M�s blanco no se puede” (Compare with your detergent . . . Whiter is not possible). Unimpressed by this change, Clorox sued, alleging, inter alia, that the advertisements were false and misleading in violation of Section 43(a) of the Lanham Act, 15 U.S.C. � 1125(a). After Clorox moved for a preliminary injunction, the district court dismissed the false advertising claim sua sponte. Concluding that Clorox has stated a claim under � 43(a) of the Lanham Act, we vacate the dismissal and remand to the district court for further proceedings.

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