Advertising Claims 101 The Building Blocks of a Successfully Substantiated Advertising Campaign

Jan 28, 2020 2:00pm – 5:30pm

Debra Freeman
Senior Partner and Associate General Counsel
Wunderman Thompson (New York, NY)

Aaron Taylor
Davis and Gilbert LLP (New York, NY)

Stephen Schwartz
President & CEO
International Research Services, Inc.

The session will provide a comprehensive overview of both the content and terminology used to support claim substantiation for product and service advertisements. Whether you are new to the industry or an advertising professional who is interested in a refresher, this pre-conference workshop will provide the foundation for the main conference.   Points of discussion will include:
  • Defining key advertising terms relative to claims substantiation
    • Claim
    • Reasonable basis
    • Highest possible standard
  • Differentiating between different types of claims
    • Expressed vs. implied
  • What evidence is necessary to substantiate a claim?
  • Exploring the role of statistics in the claim substantiation process
  • Examining testing requirements used to substantiate claims
    • Are the tests required dependent on the type of claim?
    • How do these tests differ based on the product or service?
  • Deciphering the ASTM guide for sensory substantiation
  • Exploring ways in which a substantiated claim may be utilized
  • Understanding the interplay between marketing and legal departments when making a claim on a product or service
  • Identifying regulatory bodies and watchdog groups that monitor advertising
    • FTC
    • State Regulatory Agencies and Attorneys General Offices
    • NAD
    • CARU
  • Examining the steps in the creation of an advertising campaign relative to claims substantiation
    • Understanding how the requirements for substantiation change when working with a new product vs. an established product
    • Ensuring the method matches the message
    • Key language to use and avoid in an advertisement
    • Successfully displaying a stated goal
  • Can a trademark be considered a claim?
  • Avoiding the use of misleading information