Zion Lavie developed a stomach ulcer after using Aleve, an over-the-counter drug distributed by Procter & Gamble Company. He sued P&G, alleging that the company had engaged in false advertising in violation of California's Unfair Competition Law, which has been interpreted in accordance with the Federal Trade Commission Act.
Aleve's advertising campaign explicitly claimed that Aleve was gentler on the stomach than aspirin. The plaintiff claimed this implied that Aleve would not cause stomach upset. The trial court granted summary judgment for P&G and dismissed all claims. Lavie appealed.
If you were told that Aleve was gentler on the stomach than aspirin, would you think that meant it would not cause an ulcer? Should it make a difference whether the plaintiff took Aleve once a day for a month or twice a day for a month? What about for two months?