Hot Topics in Advertising Claim Substantiation

The FTC Act requires that advertisers substantiate all claims – express and implied – that the ad conveys to reasonable consumers. Proper claim substantiation is a legal requirement but what that means can be a puzzle that requires solving how consumers understand the advertising and the kind of testing needed to support that message. 
 
During this event, we will discuss both sensory and objective claims and the type of support needed for each. Our panel will review best practices for substantiating claims like “experts agree,” “doctor formulated,” and “clinically-tested,” how to support sensory claims based on percentage agreement statements, as well as recent guidance on health-related claims and the use of qualifying language like “up to,” “helps,” “designed to” among others. 

This in-depth event features a panel comprised of BBB National Programs' National Advertising Division Vice President Laura Brett who will be joined by Proskauer Rose’s Jeff Warshafsky and Jennifer Yang.