Who Made The "First" Biodegradable Cooler?

In 2019, Igloo launched the “Recool” cooler, promoting it as “the world's first eco sensitive cooler, made from 100% biodegradable materials.” Here's the problem. Vericool, a competing cooler manufacturer, claims that it released the first biodegradable cooler several years before that. When Igloo refused to withdraw its claims, Vericool sued for false advertising under the Lanham Act. The 9th Circuit just dismissed the case. Here's why. 

The Lanham Act provides for a cause of action for false advertising when a competitor “misrepresents the nature, characteristics, qualities, or geographic origin” of a product. Importantly, though, the cause of action must be based on an observable aspect of the product, rather than the ideas or communications that the product embodies or contains.