Jarrow Formulas, Inc. v. Nutrition Now, Inc.

We must decide whether laches bars a manufacturer of nutritional supplements from suing its competitor for false advertising under the Lanham' Act when the analogous state statute of limitations period has expired.

Nutrition Now, Inc. (“Nutrition Now”) distributes PB8, a popular probiotic nutritional supplement designed to aid digestion. Since initial distribution in 1985, Nutrition Now has made three central claims. First, PB8 contains fourteen billion “good” bacteria per capsule. Second, PB8 contains eight different types of bacteria. Third, PB8 does not require refrigeration. Nutrition Now has always prominently displayed these claims on PB8’s product label. The claims also have played a central role in Nutrition Now’s marketing campaign, which totals “hundreds of thousands” of dollars per year and includes the use of national magazine advertisements.

Jarrow Formulas, Inc. (“Jarrow”) offers a competing probiotic supplement. In 1993, Nutrition Now and Jarrow participated in an industry trade show. Jarrow Rogovin, the president of Jarrow, approached Martin Rifkin, the president of Nutrition Now, at the show. Rogovin vigorously complained to Rifkin that Nutrition Now’s claims…