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Sales Ratio Comparison Stated False Ad Claim (access required)

In this dispute between two producers of “wood-alternative decking,” a Harrisonburg U.S. District Court dismisses as “puffery” plaintiff’s Lanham Act claims based on statements that defendant is “number one” and the “preferred premium leader” in product categories, but refuses to dismiss a false advertising claim alleging defendant said it is the “preferred choice 2-to-1 over ...