Can a company sue a competitor under the Lanham Act for falsely advertising that its product was first to market? According to the Ninth Circuit, the answer is no. In Vericool World, LLC v. Igloo Products Corp., No. 24-192 (9th Cir. May 6, 2026), a divided panel held that false first-to-market claims are not actionable under § 43(a)(1)(B) of the Lanham Act because they do not misrepresent a product’s “nature, characteristics, [or] qualities.”
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