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The Warner-Lambert Company, which manufactures Certs breath mints, Clorets mints and gum, Dentyne gum, and Listerine antiseptic mouthwash, has obtained a federal court order to stop BreathAsure Inc., of Calabasas, California, from continuing to claim or imply that its internal breath freshener products, BreathAsure and BreathAsure-D, get rid of bad breath for hours and give users clean, fresh breath, even after they consume onions, garlic, or other foods containing aromatic substances. Claims of this type have been made on product labels, in radio, television, and magazine ads, and on the Internet. Since 1994, the Council of Better Business Bureau's National Advertising Division has investigated twice and concluded that such claims were unsubstantiated.
The active ingredients in BreathAsure are said to be parsley seed and sunflower oils. BreathAsure-D, also said to aid digestion, contains these ingredients plus ginger, chamomile, and true licorice. Warner-Lambert's suit charged that taking BreathAsure capsules with water is no more effective in fighting bad breath than drinking water alone.
The federal court order, dated November 19, 1998, permanently prohibits BreathAsure, Inc., from claiming, either directly or by implication, in any advertising or promotion or promotional context with respect to BreathAsure, BreathAsure D, or any other "internal breath freshener" that:
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