Workshop A — Advertising Claims 101: The Essential Building Blocks of a Successfully Substantiated Advertising Campaign

Feb 7, 2024 1:30pm – 05:00 PM

Megan Olsen
Senior Vice President & General Counsel
Council for Responsible Nutrition

Kristin Marchesiello
Senior Marketing Counsel

Katie Bond
Keller and Heckman LLP

Pamela Deese
ArentFox Schiff LLP

The session will provide a comprehensive overview of both the content and terminology used to support claim substantiation for product and service advertisements, as well as the higher standards applied to comparative claims. Whether you are new to the industry, or an advertising professional interested in a refresher, this pre-conference workshop will provide the foundation for the main conference.

Points of discussion will include:

  • When is substantiation required? Benefits of truthful claims
  • Defining key advertising terms relative to claims substantiation Claim
    • Reasonable basis
    • Competent and Reliable
    • Highest possible standard
  • How much substantiation is needed?
    • “Tests Prove” – “Studies Show” – “Doctors Recommend” – “Health and safety claims”
  • Differentiating between express vs. implied claims
  • What evidence is necessary to substantiate a claim? How to examine the quality of the substantiation—it is not all created equal
  • Exploring the role of statistics and scientific evidence 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?
  • Using experts, consumer surveys and other extrinsic evidence to determine what an ad conveys
  • How to appropriately use qualifications or disclosures in advertising
  • Comparative claims: pitfalls and standards
  • 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—there are real consequences to false claims
    • FTC, NAD, CARU
    • State Regulatory Agencies and Attorneys General Offices
    • Network Reviews; Advertiser Litigation; Class Actions
  • 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
  • Understanding when a trademark can be considered a claim
  • Using US origin as a claim