A competing company (based in North Carolina) recently released a press release, wherein they claim their product was the "winner" in a recent magazine comparison testing article.
We argue this claim is untrue. The results are actually a bit confusing, with the magazine not defining a clear winner, preferring to let readers decide for themselves. However, results (hard data) are given and open to analysis - the problem is, I cannot see how this company could make the claim they do. It does not seem supportable.
Since they are a competing company and our own product was a contender in this testing, these claims are detrimental to us. (In fact we claim the status of "winner" also, and I would say it is justifiable, but that is by-the-by).
They do not specifically mention us, so I don't think there's a case for product disparagement or libel. Correct me if I'm wrong.
Is there any way to handle a false claim in advertising, without actually having been specifically injured, or being a consumer which has bought the advertised product?
Our aim would be to force the retraction of their claims.
We argue this claim is untrue. The results are actually a bit confusing, with the magazine not defining a clear winner, preferring to let readers decide for themselves. However, results (hard data) are given and open to analysis - the problem is, I cannot see how this company could make the claim they do. It does not seem supportable.
Since they are a competing company and our own product was a contender in this testing, these claims are detrimental to us. (In fact we claim the status of "winner" also, and I would say it is justifiable, but that is by-the-by).
They do not specifically mention us, so I don't think there's a case for product disparagement or libel. Correct me if I'm wrong.
Is there any way to handle a false claim in advertising, without actually having been specifically injured, or being a consumer which has bought the advertised product?
Our aim would be to force the retraction of their claims.