Supplement Guide Not Subject To Lanham Act

My interest piqued by Professor Tushnet's write-up, I reviewed this intriguing decision from the Southern District of California.  (If you're not already a subscriber to Prof. Tushnet's 43 (B)log, you should be.)  Plaintiff, a nutritional supplement company, sued the publisher of a guide to nutritional products relied on by consumers and professionals.  The Guide reviews various supplement products, including those of the plaintiff, Arix, and its competitor, Usana Health Sciences.  The Guide awards a Gold Medal of Achievement to companies meeting its standards; Arix has not received the Gold Medal, despite its vigorous efforts to qualify for it.  Usana has.

The gravamen of Arix's Lanham Act false advertising complaint is that "by positioning Ariix somewhat less favorably to its rival Usana while claiming to be objective and neutral, NutriSearch has made false representations that damage Ariix. One set of allegedly false representations is that Ariix or its products