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When section 43(a) of the Lanham Act was enacted fifty years ago, neither Congress nor then-President Truman could have predicted the dramatic effect it later would have on our national commerce. That is particularly true of those Lanham Act provisions that govern advertising and that today have resulted in a form of private regulation-and an entire body of case law-that was nonexistent in the 1940s. Today, virtually all advertising claims made in interstate commerce-whether on product packages, in newspaper and magazine advertisements, in television or radio commercials, or disseminated through new media such as the Internet-fall within the reach of Section 43(a) of the Lanham Act.'

"It Keeps Going and Going and Going": The Expansion of False Advertising Litigation under the Lanham Act