Pre-Conference Workshop A: Advertising Claims 101 – The Building Blocks of a Successfully Substantiated Advertising Campaign

Jan 30, 2019 2:00pm - 5:00pm



Thomas Jirgal
Loeb &Loeb (Chicago, IL)

Rick Mann
Keller and Heckman LLP (Washington, D.C.)

What is it about?

(Registration Begins at 1:00 PM)

The session will provide a comprehensive overview of the content and terminology used in the advertising of products and services, and the related claims substantiation requirements. Geared for advertising professionals new to the industry or those interested in a refresher course, this pre-conference workshop will present the introductory materials necessary to prepare for the main conference. Topics of discussion will include:

  • Exploring the advertising landscape
  • Defining key advertising terms
  • Differentiating between different types of claims
    • Expressed vs. implied
  • What evidence is necessary to support a claim?
  • What role do statistics play in the process?
  • Examining testing requirements used to substantiate claims
  • Discussing the ASTM language on substantiation
  • Once a claim has been substantiated, how may it be used?
  • How do the various advertising mediums differ when it comes to substantiating claims?
  • How do claim requirements differ by type of industry?
    • e.g., FDA-regulated industries vs. non-FDA regulated industries
  • Exploring the roles of the different teams involved in the advertising claims substantiation process
  • Identifying regulatory bodies and watchdog groups that monitor advertising
    • FTC
    • State and Attorneys General Offices
    • NAD/CARU
  • Examining the creation of an advertising campaign
    • How does the process change for 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
  • Examining the use of a trademark as a claim
  • Avoiding the use of misleading information