Clorox Co. produces the top-selling brand of roach bait insecticide called Combat. United Industries is a smaller,
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Clorox asserted that this advertising campaign is not literally true and violates the Lanham Act's prohibition against false advertising because scientific tests conclude that Maxattrax (as well as all other roach bait products) can exterminate only those roaches that come into direct contact with the product during the 24-hour period. Clorox produced no evidence of consumer deception and therefore does not challenge the ad as being implicitly false or misleading. Clorox seeks a preliminary injunction enjoining United from using the ad in the future. Should the court issue the preliminary injunction? Why, or why not?
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