Court Allows Papa John’s Use of Slogan

A federal appeals court ruled that Papa John’s International Inc. ran misleading ads, but that the Louisville, Ky.-based pizza maker does not have to stop using its slogan--”Better Ingredients. Better Pizza”--nor pay $468,000 in damages to Pizza Hut Inc. The slogan is puffery, so exaggerated that it cannot be misleading by itself, the U.S. 5th Circuit Court of Appeals in New Orleans said. In a 3-0 ruling, the court agreed that ads comparing the two chains’ sauce and dough did make the slogan misleading. But, it said, Pizza Hut of Dallas failed to prove that the comparison persuaded consumers to buy the pizza or made consumers believe the slogan and buy pizza because of the slogan.