Tactical Tools for Sensory Claim Substantiation: Understanding the Difference Between Sense Perception Claims, Run-of-the-Mill Performance Claims and Puffery

February 8, 2024 4:15pm

Wendy M. Fiel
VP & Chief Legal Officer
Sabra Dipping Company

David Mallen
Partner, Co-Chair, Advertising Disputes
Loeb & Loeb LLP

  • Exploring the latest sensory claims garnering scrutiny and pitfalls to avoid when making them
  • Navigating the challenges of taking subjective preferences and turning them into objectively provable advertising claims — How do you avoid puffery?
  • Examining the rules and industry standards that govern sensory claims: how to prove that your product “tastes better,” “works best,” “is more comfortable,” etc.
  • Navigating sensory claims testing: sample size, methodology and other key criteria for sensory tests
  • Understanding comparative advertising and mitigating the risks of performance claims
    • What is required to properly substantiate these types of claims?
    • Can it be based on public consumer data online?
    • What kinds of testing is adequate?
  • Taking a look at case studies of recent competitor comparison claims: what damages were incurred and what are the key takeaways?