Consequences of NOT Substantiating Claims
It is great when companies bring new technology to the market, but not if the claims in the marketing campaign cannot be substantiated. A sun screen company claimed that its product “SPF 70 provides Broad Spectrum UVA/UVB Plus INFRARED sunscreen protection for your skin from free radical damage caused by long term exposure to IR-A waves.” Unfortunately, when challenged by a competitor, the marketer provided very little information to substantiate its claim. If this ground breaking claim is to stand, the marketer needs to show complete support for it, especially since it is potentially a health claim.
Furthermore, when challenged, it is best practice to reply and provide complete information to support the claims made. Once the NAD renders its decision, it is also best practice to reply. In this case, the lack of substantiation and lack of reply led the NAD to refer the matter to the FTC and FDA for further investigation.
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