Colgate is seeking to block ads for Procter & Gamble's Crest Whitestrips and Night Effects and products, claiming the ads unfairly disparage its Simply White and Simply White Night Whitening Gels.

In a lawsuit filed Nov. 24 in a Manhattan federal court, Colgate argues that "P&G's false advertising, particularly its most recent television commercials, threaten to irreparably impair, and potentially destroy, the value of Colgate's investment by falsely portraying Colgate's products as ineffective."

Colgate asks the court to enjoin P&G from airing or printing advertisements the firm claims unfairly compare the companies' respective products. In addition, the firm is seeking damages including compensation from P&G for alleged losses Colgate sustained during the Night Effects and Whitestrips ad campaigns and attorneys' fees.

Colgate's move to federal court with its complaint represents an escalation of the battle between the two marketers over comparative tooth whitening claims. The companies previously have consulted the National Advertising Division of the Council for Better Business Bureaus on the veracity of various claims.

Recently, P&G's objection to Colgate's Simply White commercials prompted NAD to conclude that the ad campaign, which implied Simply White takes much less time to use than Whitestrips, was not supported by the product's instructions (¹ Also see "Colgate Simply White Usage Comparison To Whitestrips Challenged By P&G" - HBW Insight, 13 October, 2003., p. 3).

However, NAD supported Colgate's claim earlier this year that a P&G Whitestrips ad comparing the product with Simply White "falsely denigrates" the Colgate product (² Also see "Colgate Simply White Usage Comparison To Whitestrips Challenged By P&G" - HBW Insight, 13 October, 2003., p. 3).

Colgate's complaint cites radio and print ads, as well as promotional materials as falsely depicting Whitestrips as the more effective product, but points to two recent television ads as particularly detrimental.

"Unless [the ads] are immediately enjoined, these commercials will cause Colgate substantial and irreparable harm, including a loss of consumer confidence, loss of goodwill and lost sales, and could well destroy Colgate's tooth whitening business," the complaint asserts.

In one TV ad, P&G compares Whitestrips Night Effects to a tooth whitening gel identified as "Simple Gel Night," which looks almost identical to Simply White Night, according to Colgate. The ad claims that the paint-on gel washes off teeth in five minutes, while Whitestrips stays on all night. In addition, a superimposed message states that Night Effects whitens two times better than paint-on whiteners.

Colgate disputes the claim, and maintains that by stating that Whitestrips whitens two times better following a depiction of paint-on products as easily washed off, P&G is incorrectly linking the two concepts and unfairly implying that paint-on whiteners are less effective because they wash off easily.

In fact, ingredients used in Simply White and Simply White Night, including carbamide peroxide, cause the whitening process to begin immediately, Colgate asserts. In addition, the products contain water-soluble polymers carbopol and polyox, which cause the gel to bind to the tooth surface, the firm says.

In another commercial for Whitestrips, P&G again compares its products to "Simple Gel Night," this time using paint tiles to assess the whitening effects of each. The ad asserts that Whitestrips are clinically proven to whiten five times better than the paint-on gel, Colgate notes.

While P&G says its claims that the Night Effects and Whitestrips products are "clinically proven" to whiten better, Colgate argues that those statements "are not based on traditional shade guide tests" that are generally accepted by the dentistry industry as a measure of efficacy for whiteners.

Instead, P&G uses the CIELAB measurement system, which "was designed to predict when two objects illuminated by the same light source would look to the eye to be the same color." However, this test method "is widely accepted as a means of matching colored objects based on numerical values," not as a way to compare whiteness.

P&G's campaign versus the Colgate products is part of a pattern of overly aggressive advertising against competitors, the complaint maintains.

The firm cites a recent judgement finding P&G liable for falsely advertising its Tampax Pearl tampon brand, and a temporary restraining order granted to Kimberly Clark Corp. enjoining P&G from comparative ad claims involving the firm's toilet training pants. More recently, P&G was preliminarily enjoined by the Manhattan court for comparative ad claims for Prilosec OTC versus J&J/Merck's Pepcid AC , Colgate notes.

Colgate Lawsuit Takes Aim At P&G Crest Tooth Whitening Ads

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