The makers of BreathAsure — a capsule that is swallowed — must change the name of their product since it falsely suggests that the stomach is the true source of bad breath, a federal appeals court has ruled.
The ruling is a victory for Warner-Lambert Co. — the makers of Certs, Dentyne gum and Listerine mouthwash — which sued BreathAsure Inc. after the Better Business Bureau investigated BreathAsure’s advertising and concluded that its claims that its products were effective breath fresheners was not supported by any reliable scientific evidence.
